Radhey Shyam Vs State of U.P. and Another

Court No. - 75

Case :- APPLICATION U/S 482 No. - 41435 of 2019

Applicant :- Radhey Shyam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Chandra Dwivedi,Ashish Kumar Dubey Counsel for Opposite Party :- G.A.,Pranjal Mehrotra

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned counsel for O.P. No.2 and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing order issuing Non-bailable Warrant dated 5.2.2018 passed by the Special Judge, E.C. Act, Kanpur Nagar in Complaint Case No. 254 of 2006 (Smt. KESCO vs. Radhey Shyam), under Section 135 of Electricity Act. P.S. Panki, District Kanpur Nagar.

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From the record, it transpires that on account of the failure of the applicant to appear before the court below, nonbailable warrants have been issued against the applicant by the court below vide order dated 5.2.2018.

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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.

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Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned with fifteen days and moves an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.

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For a period of fifteen days, the execution of non bailable warrants issued against the applicant shall remain stayed.

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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.

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

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Order Date :- 18.11.2019 R

Radhey Shyam v. State of U.P. and Another

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Radhey Shyam v. State of U.P. and Another

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