Court No. - 80
Case :- APPLICATION U/S 482 No. - 13013 of 2021 Applicant :- Vinod Kumar Pandey @ Mukund Prasad Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Digitally signed by Justice Rajiv Gupta Date: 2021.07.29 13:34:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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 with a prayer to quash the NBW dated 11.02.2021 passed by Chief Judicial Magistrate, Mirzapur in Case No. 2483 of 2008 (State of U.P. Vs. Sankatha Prasad Pandey and another), under Sections 386, 406, 506 IPC, Police Station Kotwali City, District Mirzapur.
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 11.02.2021.
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 one month from today and move an application for recall of non-bailable warrant, which shall be considered and disposed of as expeditiously as possible in accordance with law.
For a period of one month 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 :- 28.7.2021 Nadim