Dismissed¶15

Sumit v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home and 3 Others

Allahabad HC1 May 2024/3991/2024

Case brief

AI extract

What is this about?

Section 482 CrPC application DISMISSED; quashing of non-bailable warrant (NBW) dated 18.03.2024 refused; POCSO Case No. 598/2021 'State Vs. Sumit' arising out of Case No. 235/2021 (sections 376, 506 IPC; Sections 3/4 POCSO Act), PS Rajesultanpur, District Ambedkar Nagar; Special Judge POCSO Act, Ambedkar Nagar; exemption application on medical grounds rejected for want of annexed medical papers; closure of opportunity to cross-examine PW-7 (investigating officer); one-year timeline for conclusion of POCSO trials urged by AGA; no illegality found in trial court order; single-judge bench, Lucknow Bench, decided 01.05.2024.

What did the court decide?

On perusal of the record and the order dated 18.03.2024, the Court found no illegality in the impugned order issuing the non-bailable warrant. ¶14

Sumit Vs State of U.P. Thru. Its Prin.Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:33887

¶2

Court No. - 15

¶3

Case :- APPLICATION U/S 482 No. - 3991 of 2024 Applicant :- Sumit

¶4

Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Deptt. Of Home And 3 Others

¶5

Counsel for Applicant :- Rahul Srivastava Counsel for Opposite Party :- G.A.

¶6

Hon'ble Karunesh Singh Pawar,J.

¶7

Heard learned counsel for the petitioner as well as learned AGA for the State.

¶8

Notices to respondent no. 2 are dispensed with in view of the proposed order.

¶9

By this petition, the petitioner has prayed for the following relief:-

¶10

"Petition U/S 482 of Criminal Procedure Code for quashing the Non Bailable Warrant dated 18.03.2024, passed by learned Special Judge, POCSO Act, Ambedkar Nagar in POCSO Case No. 598/2021 "State Vs. Sumit" arising out of Case No. 235/2021, under section 376, 506 I.P.C. and Section 3/4 POCSO Act, at Police Station Rajesultanpur, District Ambedkar Nagar."

¶11

Learned counsel for the petitioner submits that learned court below has arbitrarily issued the non-bailable warrants against the petitioner and closed his opportunity to cross-examine PW-7 (investigating officer). He further submits that the exemption application filed by the petitioner ought to have been allowed by the learned court below as he was absent only one date.

¶12

Learned AGA has opposed the petition submitting that in the matter of POCSO, the trial has to be concluded within one year. There is urgency in the trial. The application submitted by the accused for exemption was given on medical grounds, however, no medical papers have been annexed with the petitioner and considering this, the learned court below has rejected the

¶13

application of the petitioner. There is no illegality in the order impugned, hence, the petition is liable to be dismissed.

¶14

Perused the record so also the order dated 18.03.2024. I do not find any illegality in the order impugned.

¶15

The petition is devoid of merits and is accordingly dismissed .

¶16

Order Date :- 1.5.2024 R.C.

¶17

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Sumit v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home and 3 Others

Case brief

What is this about?

What did the court decide?

Sumit v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Navin Kumar Yadav Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home, U.P. Civil Sectt. Lko. and Another

Rohit Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko.

Amit Awasthi and Another Vs State of U.P. Thru. Secy. Home Lko. and Another

Dharmendra Kumar vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Sumit vs State of U.P. Thru. Its Prin.Secy. Deptt. of Home and 3 Others

Ram Shankar @ Ram Shankar Girdhari vs State of U.P Thru. Addl. Chief Secy. Home Deptt. Lko. and 4 Others