Lalti Shukla and Anotehr v. State of U.P. and Anotehr

Court No. - 86 Case :- APPLICATION U/S 482 No. - 42876 of 2023 Applicant :- Lalti Shukla And Another Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Anil Kumar Dubey,Abhinav Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, 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 summoning order dated 23.01.2023 and NBW order dated 30.10.2023 as well as entire proceedings of Complaint Case No.474 of 2021 (Saurabh Tripathi Vs. Lalti Shukla and others), under Sections 120B, 323, 379, 506 IPC, Police Station Sikara, District Jaunpur, pending in the court of Additional Magistrate-IInd/Judicial Magistrate, Jaunpur.

¶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 30.10.2023.

¶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 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 :- 14.12.2023 Subham High Court of Judicature at Allahabad