Petition under Section 482 CrPC challenging a non-bailable warrant issued in a POCSO trial after rejection of the accused's medical-ground exemption application. The High Court found no illegality in the impugned order and dismissed the petition.
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Neutral Citation No. - 2024:AHC-LKO:33887
Court No. - 15
Case :- APPLICATION U/S 482 No. - 3991 of 2024 Applicant :- Sumit
Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Deptt. Of Home And 3 Others
Counsel for Applicant :- Rahul Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioner as well as learned AGA for the State.
Notices to respondent no. 2 are dispensed with in view of the proposed order.
By this petition, the petitioner has prayed for the following relief:-
"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."
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.
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
application of the petitioner. There is no illegality in the order impugned, hence, the petition is liable to be dismissed.
Perused the record so also the order dated 18.03.2024. I do not find any illegality in the order impugned.
The petition is devoid of merits and is accordingly dismissed .
Order Date :- 1.5.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the non-bailable warrant dated 18.03.2024 and rejection of exemption application by the Special Judge, POCSO Act, were illegal or arbitrary.
4 provisions across 3 enactments
Sumit
State Of U.P. Thru. Its Prin.Secy. Deptt. Of Home
Opposite Party No. 2
Opposite Party No. 3
Opposite Party No. 4
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
