Court allowed interim stay on execution of non-bailable warrant issued against applicant for 15 days, directing him to appear and move for recall.
Stay on execution of non-bailable warrant for 15 days; direction to appear and move for recall.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 47606 of 2019
Applicant :- Ram Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi 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 30.05.2018 passed by 3rd Additional Chief Judicial Magistrate, Agra in Complaint Case No. 846 of 2010 (Shiv Adhar Singh Vs. Ram Prakash), under Section 138 of N.I. Act, Police Station Sikandra, District Agra, pending in the court of Additional Court No.3, Agra.
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 30.05.2018.
Learned counsel for the applicant 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 :- 2.1.2020 Nadim
1 issue framed by the court
Whether to grant interim protection from execution of non-bailable warrant while applicant appears in obedience.
Ram Prakash
State of U.P.
Rajiv Gupta
As recorded by the court registry
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