Court No. - 75
Case :- APPLICATION U/S 482 No. - 43020 of 2019 Applicant :- Vimesh Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Krishna Mishra 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 order issuing Non-bailable Warrant dated 9.2.2018 passed by the Civil Judge ( Senior Division), F.T.C./A.C.J.M., Shahjahanpur in Complaint Case No. 3899 of 2016 (Pinki Devi Vs. Vimesh Singh and others), under Section 498A, 323 IPC and 3/4 of D.P. Act.
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 9.2.2018.
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 with fifteen 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 fifteen 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 :- 26.11.2019 R