Disposed
Munna and 3 Others v. State of U.P.
Allahabad HCA482/42680/2022
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Case :- APPLICATION U/S 482 No. - 42680 of…
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Case :- APPLICATION U/S 482 No. - 42680 of…
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 42680 of 2022
Applicant :- Munna And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal 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 NBW dated 20.10.2022 passed Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, Hapur in Sessions Trial No. 432 of 2016 (State Vs. Munna and Others), arising out of Case Crime No. 521 of 2016, under Sections 398, 401 IPC, Police Station Pilkhuwa, District Hapur.
From perusal of the record, it transpires that on account of failure of the applicants to appear before the court below, nonbailable warrants have been issued against them vide order dated 20.10.2022.
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 three weeks from today and move an application for recall of non-bailable warrants, which shall be considered expeditiously in accordance with law.
For a period of three weeks from today, the execution of nonbailable warrants issued against the applicants shall remain stayed.
In case of default, 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 under Section 482 CrPC is finally disposed off.
Order Date :- 20.12.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.12.21 10:14:57 IST Reason: Location: High Court of Judicature at Allahabad
Munna and 3 Others
Rajiv Gupta
Nadim Alam
As recorded by the court registry
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