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Ajay Kumar And 4 Others v. State Of U.p. And Another

Ajay Kumar And 4 Others v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 18918 of 2021 | 01-12-2021

Rajiv Gupta,J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 3.9.2021 passed by the Chief Judicial Magistrate, Sant Kabir Nagar issuing non bailable warrants against the applicants in Case No. 3330 of 2021 (State Vs. Ajay Kumar) arising out of case crime no. 194 of 2020, under Section 147, 452, 323, 504 IPC, P.S. Mahuli, District- Sant Kabir Nagar.

3. From the record, it transpires that on account of the failure of the applicants to appear before the court below, non bailable warrant has been issued against the applicant by the court below vide order dated 3.9.2021.

4. 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.

5. Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within 14 days and move an application for recall of the non bailable warrants, the same be considered and disposed of expeditiously in accordance with law.

6. For a period of 14 days, the execution of non bailable warrant issued against the applicants shall remain stayed.

7. 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.

8. With the aforesaid direction, the application is finally disposed of.

Advocate List

  • Shashi Dhar Shukla

  • G.A.

Bench
  • Hon'ble Justice Rajiv Gupta
Eq Citations
  • LQ/AllHC/2021/13804
Head Note

Criminal Procedure Code, 1973 — S. 482 — Non bailable warrant — Quashing of warrant — Applicants failed to appear before court below — Non bailable warrant issued against them — Held, applicants shall appear before court concerned within 14 days and move application for recall of non bailable warrants, the same be considered and disposed of expeditiously in accordance with law — For a period of 14 days, execution of non bailable warrant issued against applicants shall remain stayed — In case of default, interim protection granted by Supreme Court shall stand automatically vacated and court below shall be free to proceed against applicants in accordance with law — Penal Code, 1860, Ss. 147, 452, 323 and 504