Mohd. Khalid v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 45703 of 2023 Applicant :- Mohd. Khalid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Shahrum Khan Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2This application under Section 482 Cr.P.C. has been filed for quashing the order dated 17.5.2023 passed by Special Chief Judicial Magistrate, Kanpur Nagar issuing non bailable warrant against the applicant in Criminal Case No. 20139 of 2019 (State of U.P. vs. Mohd. Khalid and others) arising out of Case Crime No. 232 of 2018, under Sections 498A, 323, 504, 506 IPC, P.S. Bajariya, District-Kanpur Nagar.

¶3From the record, it transpires that on account of the failure of the applicant to appear before the court below, non bailable warrant has been issued against the applicant by the court below vide order dated 17.5.2023.

¶4Learned counsel for the applicant submits that 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 and move an application for cancellation of the non bailable warrant, the same be considered and disposed of expeditiously in accordance with law.

¶6For a period of three weeks, the execution of non 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, the application is finally disposed of. Order Date :- 15.12.2023 KU High Court of Judicature at Allahabad