A charge-sheeted accused under Section 376 IPC challenged the trial court's rejection of his exemption-from-appearance application and issuance of a non-bailable warrant. The State pointed out the accused had been granted last opportunity to appear and failed. Finding no illegality, the High Court dismissed the Section 482 application.
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Neutral Citation No. - 2025:AHC:8341
Court No. - 71
Case :- APPLICATION U/S 482 No. - 1376 of 2025
Applicant :- Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Kamlesh Kumar,Rakesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1.Heard Dr. Kamlesh Kumar, the learned counsel for applicant and the learned A.G.A. for State.
2.Perused the record.
3.Applicant Devendra who is a charge-sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. challenging the order dated 28th October, 2024 passed by Additional Sessions Judge/Fast Track Court-Ist, Amroha in Sessions Trial No. 08 of 2023 (State Vs. Devendra) arising out of Case Crime No. 730 of 2021 under Sections 376 I.P.C. Police Station-Hasanpur, District Amroha whereby the application of the applicant for exemption from appearance before the court below was rejected and simultaneously nonbailable warrant was issued against applicant.
4.At the very outset, learned A.G.A. for the State has invited the attention of Court to the order dated 22nd October, 2024 passed by court below. On the basis of above, learned A.G.A. submits that on 22nd October, 2024 last opportunity was granted to the applicant for appearing before court below. However, inspite of the stop order dated 22nd October, 2024, the applicant has chosen not to appear before the court below on the next date fixed. In view of the above, no illegality has been committed by court below in issuing non-bailable warrant to the applicant. As such, no interference is warranted by this Court in present application.
5.When confronted with above, the learned counsel for applicant could not overcome the same.
6.Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of the record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record but further more the same could not be dislodged by the learned counsel for the applicant. As such, no good ground exists to entertain the present application.
7.In view of the above, this application fails and is liable to be dismissed.
8.It is, accordingly, dismissed.
(Rajeev Misra, J.)
Order Date :- 17.1.2025
Sushil/-
Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court erred in rejecting the applicant's exemption application and issuing a non-bailable warrant against a charge-sheeted accused.
2 provisions across 2 enactments
Devendra
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
