The Court granted interim protection to applicants in a Section 482 proceedings, staying the execution of non-bailable warrants for 15 days and directing their appearance to recall the warrants.
Stay on execution of non-bailable warrants for 15 days; direction to appear within 15 days to move application for recall.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 46636 of 2019
Applicant :- Pinki Pandey And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge-sheet dated 27.08.2006, cognizance order dated 08.09.2006, non-bailable warrants order dated 23.01.2019 as well as the entire proceedings of Criminal Case No.2534 of 2006 (State Vs. Pinki Pandey and another), arising out of Case Crime No.221 of 2006, under Sections 457, 380 IPC Police Station Uska Bazar, District Siddharth Nagar, pending in the court of Additional Chief Judicial Magistrate/F.T.C., Siddharth Nagar.
From the record, it transpires that on account of failure of the applicants to appear before the court below, non-bailable warrants have been issued against the applicants by the court below vide order dated 23.01.2019.
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 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 within 15 days from today and move an application for recall of non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
For a period of 15 days, the execution of non bailable warrants issued against the applicants 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 applicants in accordance with law.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 17.12.2019 Zafar
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. to quash proceedings and stay N.B.Ws. should be allowed to enable appearance before the court below.
Whether a stay on execution of Non-Bailable Warrants should be granted for a short period to facilitate recall of the same.
1 provisions across 1 enactments
Pinki Pandey And Anr
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
