Application filed to quash non-bailable warrant. Court directed applicant to appear within 15 days and seek recall of warrant, stayed execution temporarily.
Stayed execution of non-bailable warrant for 15 days and directed applicant to appear and apply for recall.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 45075 of 2019
Applicant :- Shashi Shankar Dube Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the NBW dated 07.11.2019 passed by learned Chief Judicial Magistrate, Sonebhadra in Case No. 413 of 2009 (State of U.P. Vs. Shashi Shankar Dube and others), under Section 7/16 of Prevention of Food Adulteration Act, Police Station Kotwali Robertsganj, District Sonebhadra.
From the record, it transpires that on account of failure of the applicant to appear before the court below, non-bailable warrant has been issued against him by the court below vide order dated 07.11.2019.
Learned counsel for the applicants has submitted that the 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 from today and move an application for recall of non-bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
For a period of 15 days from today, the execution of nonbailable 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, this application under Section 482 CrPC is finally disposed of.
Order Date :- 7.12.2019 Nadim
Shashi Shankar Dube
Rajiv Gupta
As recorded by the court registry
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