In an application under Section 482 CrPC to quash a non-bailable warrant due to the applicant's failure to appear, the Court stayed the warrant's execution for 15 days, directing the applicant to move for recall before the issuing court.
Stay of execution of non-bailable warrant for 15 days; direction to appear and seek recall.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 853 of 2020
Applicant :- Manoj Kumar Agarwal Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Om Narayan Pandey 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 01.03.2019 passed in Complaint Case No. 2092 of 2017 (Tushar Agarwal Vs. Manoj Kumar Agarwal) under Section 138 of Negotiable Instruments Act, Police Station Kotwali, District 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 01.03.2019.
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 :- 9.1.2020 Nadim
1 issue framed by the court
Whether the applicant should be granted temporary protection to appear before the court and move an application for recall of non-bailable warrant.
1 provisions across 1 enactments
Manoj Kumar Agarwal
State Of U.P.
Rajiv Gupta
As recorded by the court registry
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