Gyanchandra @ Jitendra v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39153 of 2023 Applicant :- Gyanchandra @ Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar,Firdos Ahmad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash the non bailable warrant dated 20.04.2023 in Sessions Trial No.44 of 2019 in complaint no.446 of 2016, under Section 336 I.P.C., P.S. Pipari, District Kaushambi, pending before Sessions Judge, Kaushambi.

¶3From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrant has been issued against the applicant by the court below vide order dated 20.04.2023.

¶4Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below.

¶5Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

¶6For a period of three weeks, the execution of non bailable warrant issued against the applicant 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 applicant in accordance with law.

¶8With the aforesaid direction, the 482 application is finally disposed off. Order Date :- 26.10.2023 Nitin Verma High Court of Judicature at Allahabad