Court No. - 80
Case :- APPLICATION U/S 482 No. - 13878 of 2021 Applicant :- Yogesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar 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 the order dated 3.1.2020 passed by the Judicial Magistrate, Etah issuing non bailable warrant against the applicant in Case No. 13316 of 2018 (State Vs. Yogesh Kumar & another) arising out of case crime no. 0005 of 2018, under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Mahila Thana, District- Etah.
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 3.1.2020.
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 15 days and move 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 15 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 :- 12.8.2021 KU