Court No. - 80
Case :- APPLICATION U/S 482 No. - 13982 of 2021 Applicant :- Vishnu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Tripathi 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 8.1.2021 passed by the Special Chief Judicial Magistrate, Agra in Case No. 2282 of 2018 (State vs. Shukhveer and others), under Section 147, 323, 504, 506 and 452 IPC P.S. Shikandra, District Agra.
From the record, it transpires that on account of the failure of the applicant to appear before the court below, non- bailable warrant has been issued against the applicant by the court below vide order dated 8.1.2021.
Learned counsel for the applicant submits that 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 fifteen days from today and moves an application for recall of the non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
For a period of fifteen days, 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, the application is finally disposed of.
Order Date :- 13.8.2021 R