Megha Sahdev and Another v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 35817 of 2023 Applicant :- Megha Sahdev And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Balram Singh Counsel for Opposite Party :- G.A.,Mohd Areeb Masood,Nikhil Kumar Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Nikhil Kumar, learned counsel for opposite party no.2 and 3 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash charge-sheet no.1 of 2022 dated 29.04.2022 and NBW order dated 22.08.2023 as well as entire proceedings of Case No.28111 of 2022 (State Vs. Megha Sahdeo and others), arising out of Case Crime No. 1902 of 2021, under Sections 406 and 420 IPC, Police Station Kavi Nagar, District Ghaziabad, pending in the court of C.J.M., 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 22.08.2023.

¶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 :- 12.12.2023 Subham High Court of Judicature at Allahabad