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2025 DAILYLAW 36136 (ALL)

VISHWAS SINGH v. STATE OF U.P. AND ANOTHER

NA528/12689/2025 · 2025-04-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56655 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12689 of 2025 Applicant :- Vishwas Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned chargesheet no. 476 of 2019 dated 18.12.2019, cognizance/summoning order dated 24.02.2020, NBW order dated 30.09.2024 as well as order dated 05.03.2025 Section 82 Cr.P.C. proceeding initiated against applicant in S.T. No. 1731 of 2019 (State vs. Vishwas Singh), arising out of Case Crime No. 853 of 2019, under section 377 I.P.C. and section 5/6 of POCSO Act, P.S. Jhunsi, District- Prayagraj, pending before learned Court of Special Judge, POCSO-III, Allahabad. 3. At the very outset, learned counsel for the applicant submitted that impugned orders are against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, which culminated into issue of non-bailable warrants which trailed to proceeding under Section 82 Cr.P.C. 4. In the most fair manner, learned counsel for the applicant submitted that the applicant is ready to appear before learned court concerned but within some stipulated time which may be extended by this Court. 5. On the grounds of fair statement made by learned counsel for the applicant, 15 days time is hereby extended in favour of the applicant for appearing before learned court concerned. 6. Till 15 days from today, no coercive action shall be initiated against the applicant in pursuance of S.T. No. 1731 of 2019 (State vs. Vishwas Singh), arising out of Case Crime No. 853 of 2019, under section 377 I.P.C. and section 5/6 of POCSO Act, P.S. Jhunsi, District- Prayagraj. In case applicant fails to appear before learned court concerned within 15 days, the proceedings will be automatically re-initiate without seeking any permission of this Court. 7. With the aforesaid observation, the application is disposed of. Order Date :- 17.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad