Ali Hasan and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 33986 of 2023 Applicant :- Ali Hasan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish,Gajala Srivastava Counsel for Opposite Party :- G.A.,Anil Kumar Gupta Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned counsel for O.P. No.2 and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dt. 7.9.2021 in case crime no. 0086 of 2021, u/s 419, 420, 467, 468, 471 I.P.C. P.S. Kotwali, District Jaunpur, State Vs. Ali Hasan, pending in the court of C.J.M, Jaunpur.

¶3From 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 30.6.2023.

¶4Learned 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.

¶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 the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.

¶6For a period of three weeks, 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, the application is finally disposed of. Order Date :- 28.10.2023 R High Court of Judicature at Allahabad