Allahabad High Court
Paras Yadav vs State Of U.P. And Another on 13 October, 2022
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- APPLICATION U/S 482 No. - 31725 of 2022 Applicant :- Paras Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dt. 15.9.2012 as well as entire proceeding of case no. 4130 of 2012, State Vs. Bhagwan Das Yadav and others, arising out of case crime no. 131 of 2012, under section 147, 148, 149, 504, 506 I.P.C. and section 7 Criminal Law Amendment Act P.S. Jaitpur, District Varanasi pending in the court of A.C.J.M-IV/Additional Civil Judge-XI, Varanasi.
From 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 20.6.2014.
Learned 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.
Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks and moves an application for recall of the non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
For a period of three weeks, the execution of non bailable warrant issued against the applicant shall remain stayed.
In 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.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 13.10.2022 R