Bijendra Singh Malik Alias Pradhan Jee and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 44841 of 2023 Applicant :- Bijendra Singh Malik Alias Pradhan Jee And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sagar Singh 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 applicants with the prayer to quash the NBW dated 24.11.2023 passed by Additional Civil Judge (Sr. Div.), Court No.4, Ghaziabad as well as entire proceedings of Complaint Case No. 3570 pf 2022, under Sections 452, 420 and 485 IPC Police Station Indirapuram, District Ghaziabad.

¶3From perusal of the record, it transpires that on account of failure of the applicants to appear before the court below, non-bailable warrant has been issued against them vide order dated 24.11.2023.

¶4Learned counsel for the applicants 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 non-bailable warrant, which shall be considered expeditiously in accordance with law.

¶6For a period of three weeks from today, the execution of non-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 :- 8.12.2023 Subham High Court of Judicature at Allahabad