Saman Khan and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 45200 of 2023 Applicant :- Saman Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed for quashing order dated 26.10.2023 as well as 10.11.2023 passed by A.C.J.M, Court No. 01, District Rampur and entire proceedings of case no. 1864 of 2013, arising out of case crime no. 84 of 1996, under section 366, 368, 376, 511, 313, 342, 506, 101, 120-B I.P.C., P.S. Kotwali, District Rampur.

¶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 18.7.2019.

¶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 :- 12.12.2023 R High Court of Judicature at Allahabad