- Court
- High Court of Judicature at Allahabad
- Decided
- 28 November 2023
- Case no.
- A482 40167/2023
Judgment
Court No. - 86 Case :- APPLICATION U/S 482 No. - 40167 of 2023 Applicant :- Gaurav Kumar Barnval And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Beenu Singh,Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A. 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 by the applicant with the prayer to quash Bailable Warrant dated 23.08.2023 as well as entire proceedings of Criminal Case No.8032 of 2020 (State Vs. Sanjay Kumar and others), arising out of Case Crime No. 834 of 2019, under Sections 467, 468, 471, 504, 506, 406 IPC, Police Station Cantt, District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi.
¶3From perusal of the record, it transpires that on account of failure of the applicants to appear before the court below, bailable warrant has been issued against them vide order dated 23.08.2023.
¶4Learned 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 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/cancellation of bailable warrant, which shall be considered expeditiously in accordance with law.
¶6For a period of three weeks from today, the execution of bailable warrant 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 off. Order Date :- 29.11.2023 Subham 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.