Court No. - 80
Case :- APPLICATION U/S 482 No. - 16708 of 2021 Applicant :- Upendra Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 6.1.2021 passed by learned Special Chief Judicial Magistrate, Agra in Case No. 5909/2009 (State versus Upendra), arising out of Case Crime No. 300 of 2007, under Section 406 IPC, Police Station Shahganj, District Agra.
From perusal of the record, it transpires that on account of failure of the applicant to appear before the court below, non- bailable warrant has been issued against him vide order dated 6.1.2021.
Learned counsel for the applicant has submitted that the interest of justice shall be served, provided some protection is granted by this Court to enable the applicant to appear before the court below.
Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within two weeks from today and move an application for recall of non-bailable warrant, which shall be considered expeditiously in accordance with law.
For a period of two weeks from today, the execution of non- bailable warrant issued against the applicant 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 applicant in accordance with law.
With the aforesaid direction, this application under Section 482 CrPC is finally disposed of.
Order Date :- 17.9.2021 Ravi Prakash