Court No. - 75
Case :- APPLICATION U/S 482 No. - 19833 of 2020 Applicant :- Vipin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of the present application under Section 482 Cr.P.C. the applicant has challenged the order dated 22.9.2020 passed by Special Judge, POCSO Act, Court No. 1, Kushinagar in Case Crime No. 0245 of 2018, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, P.S. Seorahi, District- Kushinagar, by which proclamation proceedings under Section 82 Cr.P.C. has been initiated against the applicant.
Perusal of the order shows that repeated non bailable warrant has been issued against the applicant, however despite repeated non bailable warrant, the applicant has not appeared before the court below and as such proclamation proceeding u/s 82 Cr.P.C. has rightly been issued against the applicant. From the perusal of order, it is also evident that the order passed by this Court has also not been placed before the court.
In view of the above facts and circumstances of the case, the order passed by the learned court below is just, legal and proper and do not call for any interference by this Court.
The present application under Section 482 is wholly misconceived and is accordingly dismissed.
Order Date :- 5.1.2021 KU