Court No. - 71
Case :- APPLICATION U/S 482 No. - 32308 of 2019 Applicant :- Tirath Lal Maurya And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 29.9.2018 passed by the Addl. Sessions Judge-II/Special Judge, SC/ST Act, Kaushambi issuing non bailable warrants against the applicants in S.T. No. 238 of 2018 (State Vs. Tirath Lal Maurya) arising out of Case Crime No. 747 of 2015, under Sections 147, 452, 323, 504, 506, 325 IPC and Section 3(1) X of SC/ST Act, P.S. Manjhanpur, District- Kaushambi.
From the record, it transpires that on account of the failure of the applicants to appear before the court below, non bailable warrants have been issued against the applicants by the court below vide order dated 29.9.2018.
Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicants to appear before the court below.
Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within 15 days and move an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
For a period of 15 days, the execution of non bailable warrants issued against the applicants shall remain stayed.
In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicants in accordance with law.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 22.8.2019 KU