Sompal Maurya v. State of U.P & Anr.
Case at a glance
- Decided
- 05 Apr 2025
- Neutral citation
- 2025:AHC:49154
Outcome
Disposed of
With the aforesaid observation, the application is disposed of
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Code of Criminal Procedure, 1973 ss. 82, 83
- Protection of Children from Sexual Offences Act, 2012 s. 8
- Indian Penal Code, 1860 ss. 323, 324, 354B, 452, 504, 506
Key paragraphs
- Para 66. With the aforesaid observation, the application is disposed of. SHASWAT SINGH High Court of Judicature at Allahabad Order Date :- 5.4.2025 Shaswat
Judgment
Hon'ble Saurabh Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 528 BNSS, has been filed for quashing N.B.W. order dated 23.11.2023 and proclamation order dated 09.10.2024 under Section 82 Cr.P.C. and order dated 06.11.2024 under Section 83 Cr.P.C. passed by learned Special Judge, POCSO, Court no. 3, Bareilly in Criminal Case no. 124 of 2021 (State vs. Sompal Maurya) arising out of Case Crime no. 689 of 2014, under sections 452, 354B, 323, 324, 504, 506 IPC and Section 8 of POCSO Act, PS- Baheri, District Bareilly, pending in the court of learned Special Judge, POCSO, Court no. 3, Bareilly.
Learned counsel for applicant submits that impugned order is 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, hence, non-bailable warrant was issued against the applicant.
Per contra, learned A.G.A opposed the prayer.
Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned order dated 23.11.2023 within one month from today. Till one month from today, no coercive action shall be initiated against the applicant in pursuance to order dated 23.11.2023. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law.
Operative part
With the aforesaid observation, the application is disposed of. SHASWAT SINGH High Court of Judicature at Allahabad Order Date :- 5.4.2025 Shaswat
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid observation, the application is disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Code of Criminal Procedure, 1973 — ss. 82, 83; Protection of Children from Sexual Offences Act, 2012 — s. 8; Indian Penal Code, 1860 — ss. 323, 324, 354B, 452, 504, 506.
Which court decided this case, and when?
Allahabad High Court, on 05 Apr 2025.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.