Court No. - 50
Case :- APPLICATION U/S 482 No. - 34474 of 2018 Applicant :- Vijay Kumar Mishra @ Mohit Mishra Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing order issuing Non-bailable Warrant dated 30.11.2016 passed by the A.C.J.M.Ist, Kanpur Dehat in criminal case no. 1945 of 2008, State Vs. Mohit Mishra, arising out of case crime no. 113 of 2007, under section 279,304A I.P.C. P.S. Chaubeypur, District Kanpur Nagar.
From the record, it transpires that on account of the failure of the applicant to appear before the court below, non- bailable warrants have been issued against the applicant by the court below vide order dated 30.11.2016.
Learned counsel for the applicant 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 applicant shall appear before the court concerned and move an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 12.10.2018 R