Court No. - 40
Case :- APPLICATION U/S 482 No. - 22218 of 2019 Applicant :- Tushar Bhati And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Chandra Gupta 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 by the applicants for quashing the entire proceedings of Case No. 4873 of 2018 (State Vs. Ravi and others) arising out of Case Crime No. 446 of 2018, under Section 447 IPC and Section 3 of Prevention of Damage to Public Property Act, Police Station Sector 49 Noida, District Gautam Budh Nagar and summoning order dated 18.09.2018 as well as charge-sheet dated 13.09.2018.
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 27.04.2019.
Learned counsel for the applicants has submitted that the 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 from today and move an application for recall of 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, this application is finally disposed of.
Order Date :- 4.6.2019 Nadim