ABHISHEK ALIAS CHANCHAL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
A482/3801/2025 · 2025-03-03
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15552 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15552 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31109 Court No. - 76 Case :- APPLICATION U/S 482 No. - 3801 of 2025 Applicant :- Abhishek Alias Chanchal And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C., has been filed for quashing the charge-sheet dated 11.01.2023, summoning
order dated 15.02.2023, non-bailable warrant dated 04.10.2024 passed by learned Sessions Judge/Special Judge, POCSO Act, Court No. 1, Gorakhpur as well as entire proceedings of S.T. No. 502 of 2023, arising out of Case Crime No. 187 of 2022, under Sections 323, 504, 506, 452, 354 I.P.C. and Section 7/8 of POCSO Act, registered at P.S. Bansgaon, District Gorakhpur.
3. Outrightly, learned counsel for the applicants confine his prayer to stay the non-bailable warrant dated 04.10.2024 issued in the instant case. He submits that the applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial Court, hence, non- bailable warrant was issued against the applicants.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, the applicants are given liberty to appear and move appropriate application before the trial Court for recalling the order dated
04.10.2024, the same shall be decided expeditiously in accordance with law. For a period of three weeks from today or till the applicants move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicants. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.
6. With the aforesaid observation, the application is disposed of.
Order Date :- 4.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad