The Court disposed of an application under Section 482 Cr.P.C. by directing the applicants to appear before the Special Judge Court and move for recall of non-bailable warrants, to be considered expeditiously.
Directing applicants to appear and seek recall of non-bailable warrants.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 36508 of 2019
Applicant :- Vijay Upadhyay And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Tripathi 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 7.9.2019 passed by the Special Judge SC/ST Act District Sant Kabir Nagar in S.S.T. No. 213 of 2017, State Vs. Vijay Kumar and others, arising out of Case crime No. 406 of 2017, under section 323, 504, 506 I.P.C. and section 3(1) (Da) 3(1) (Dha), SC/ST Act. P.S. Mahuli, District Sant Kabir Nagar pending in the court of Special Judge SC//ST Act Sant Kabir Nagar.
From the record, it transpires that on account of the failure of the applicants to appear before the court below, nonbailable warrants have been issued against the applicants by the court below vide order dated 7.9.2019.
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 and move an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 30.9.2019 R
1 issue framed by the court
Whether to grant protection for the applicants to appear before the lower court and seek recall of non-bailable warrants.
1 provisions across 1 enactments
Vijay Upadhyay And 3 Others
State Of U.P. And Another
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
