Asif and 2 Others Vs State of U.P. and Another

Court No. - 75

Case :- APPLICATION U/S 482 No. - 564 of 2020

Applicant :- Asif And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants 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 the order dated 20.12.2016 passed by the Civil Judge (Jr. Div.)/J.M. Amroha issuing non bailable warrants against the applicants in Complaint Case No. 1360 of 2016 (State Vs. Asif and others), under Sections 498A, 323, 506 IPC and 3/4 of D.P. Act, P.S- Mahila Thana, District- Amroha.

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From the record, it transpires that on account of the 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 20.12.2016.

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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.

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Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within 15 days and move 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 15 days, the execution of non bailable warrants issued against the applicants 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 :- 7.1.2020 KU

Asif and 2 Others v. State of U.P. and Another

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Asif and 2 Others v. State of U.P. and Another

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