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2025 DAILYLAW 148208 (ALL)

SAROJ @ SAROJA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/5275/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37530 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5275 of 2025 Applicant :- Saroj @ Saroja Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ankur Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankur Pandey, learned counsel for the applicants and Sri Sagar Singh, learned State Counsel. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicants have challenged validity of an order dated 20.05.2025 passed by Additional Sessions Judge (Exclusively POCSO Act), Shrawasti in Session Trial No. 59/2019, arising out of Case Crime No. 68/2019, under Sections 363, 366, 368, 376 IPC & Section 3/4 POCSO Act, P.S. Gilaula, District Shrawasti, whereby the trial court has issued a non bailable warrant against the applicants because of their absence on the said date. 3. Learned counsel for the applicants has expressed an apprehension that if the applicants approach the trial court and file an application for recall of the non bailable warrant, he may be arrested. 4. A perusal of the copy of order sheet annexed as Annexure No. 1 to the application indicates that a warrant had been issued against another co-accused Gayatri Devi and an application for recall of the warrant was filed by that accused which was allowed by the trial court on 22.05.2025 and statement of Gayatri Devi under Section 313 Cr.P.C. was recorded by the trial court. 5. Therefore, the apprehension of the learned counsel for the applicants appears to be without any reasonable foundation. 6. Accordingly, the instant application is disposed of by observing that in case the applicants appear before the trial court on the next date fixed and file an application for recall of the non bailable warrant along with an undertaking to participate in the proceeding, the trial court shall consider and decide the same in accordance with law keeping in view the approach adopted by it while deciding the warrant recall application filed by the other accused Gayatri Devi. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench