- Court
- High Court of Judicature at Allahabad
- Decided
- 4 December 2023
- Case no.
- A482 42434/2023
Judgment
Court No. - 86 Case :- APPLICATION U/S 482 No. - 42434 of 2023 Applicant :- Lalitendra Prakash Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Yadav,Pushkar Nath Tripathi Counsel for Opposite Party :- G.A.,Mrityunjay Dwivedi Hon'ble Rajiv Gupta,J.
¶1Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Mrityunjay Dwivedi, learned counsel for the opposite party no.2 and perused the record.
¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the bailable warrant dated 19.09.2023 passed by Additional Civil Judge (Jr. Div.), Court No.2, Aligarh, in Complaint Case No. 3108 of 2018 (Lavendra Vs. Lalitendra Prakash), under Sections 392, 323, 504 IPC, Police Station Banna Devi, District Aligarh.
¶3From perusal of the record, it transpires that on account of failure of the applicant to appear before the court below, bailable warrant has been issued against him vide order dated 19.09.2023.
¶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 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 move an application for recall/cancellation of bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
¶6For a period of three weeks from today, the execution of 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, this application under Section 482 CrPC is finally disposed of. Order Date :- 5.12.2023 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.