Rajesh Jaisawal v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 39591 of 2023 Applicant :- Rajesh Jaisawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harendra Yadav 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 entire proceedings of complaint Case No. 13386 of 2022 C.N.R. No. UPS No. 40159082022 (Kanchan Pal Vs. Ashu @ Mahendra Pal and others), under sections 504, 120-B IPC, Police Station Gopiganj, District Bhadohi (Gyanpur) as well as impugned summoning order dated 15.03.2023 and N.B.W. order dated 11.08.2023 passed by Chief Judicial Magistrate, Bhadohi, Gyanpur. From perusal of 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 vide order dated 11.08.2023. 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 three weeks from today and move an application for recall/cancellation of non-bailable warrant, which shall be considered expeditiously in accordance with law. For a period of three weeks from today, the execution of non-bailable 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 off. Order Date :- 23.11.2023 RPD High Court of Judicature at Allahabad