- Court
- High Court of Judicature at Allahabad
- Decided
- 11 October 2023
- Case no.
- A482 33320/2023
Judgment
Court No. - 86 Case :- APPLICATION U/S 482 No. - 33320 of 2023 Applicant :- Amit Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Thakur Prasad Dubey,Harsh Kumar Counsel for Opposite Party :- G.A.,Amit Kumar Pandey Hon'ble Rajiv Gupta,J.
¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the NBW dated 08.08.2023 passed by Additional Civil Judge (Jr. Div.)/ Metropolitan Magistrate, Court No.4, Kanpur Nagar in Case No. 106248 of 2021 (State of U.P. Vs. Amit Kumar and others), arising out of Case Crime No.10 of 2021, under Section 67 Information Technology (Amendment) Act, Police Station Raipurwa, District Kanpur Nagar.
¶3From perusal of the record, it transpires that on account of failure of the applicants to appear before the court below, non-bailable warrants has been issued against them vide order dated 08.08.2023.
¶4Learned 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.
¶5Considering 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 and disposed of expeditiously in accordance with law.
¶6For a period of three weeks from today, the execution of non-bailable warrants issued against the applicants shall remain stayed.
¶7In 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.
¶8With the aforesaid direction, this application under Section 482 CrPC is finally disposed of. Order Date :- 12.10.2023 Nadim High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.