Allahabad High Court
Amit Kumar @ Amit Yadav vs State Of U.P. Thru. Its Prin. Secy. Home ... on 19 June, 2025
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:35837 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4966 of 2025 Applicant :- Amit Kumar @ Amit Yadav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application has been filed praying for the following main relief(s):
"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire proceedings of Sessions Case No. 1392/2020 (State of U.P. Versus Amit Yadav and others) arising out of impugned charge-sheet No. 01/2020, dated 26.10.2020 filed by the investigating officer in Case Crime No. 0388/2020, Under Section-363, 366, 506, 376-D I.P.C. & Section-5/6 POCSO Act, 2012 pertaining to Police Station-Gosainganj, District-Lucknow and N.B.W. order dated 19.05.2025 passed by the court of learned Special Judge, POCSO Act, Lucknow in Sessions Case No. 1392/2020 (State of U.P. Versus Amit Yadav and others) Case Crime No. 0388/2020, Under Section-363, 366, 506, 376-D I.P.C. & Section-5/6 POCSO Act, 2012 pertaining to Police Station-Gosainganj, District-Lucknow pending in the court of learned Special Judge, POCSO Act, Lucknow by which the learned court below has issued N.B.W. order thereby fixing the date for appearance of the applicant/petitioner before the learned trial court on 05.06.2025 for facing of trial under the aforesaid sections, as contained in Annexure No. 1 & 2 respectively to this petition, in the interest of justice."
3.Learned counsel for the applicant submits that the applicant was enlarged on bail by this Court and he was continuously cooperating in the trial. As the case was listed before the trial court on 17.05.2025, next date was fixed by learned trial court on 09.06.2025 and thereafter the case was preponed by learned trial court by fixing the date 19.05.2025. As the said date was not into the notice of the applicant therefore the applicant did not appear on the said date and non-bailable warrant was issued.
4. Learned counsel for the applicant submits that the applicant is cooperating in the trial and due to bonafide mistake he could not appear on the date fixed, therefore kind indulgence of this Court is necessary.
5. Learned AGA vehemently opposed the prayer of the applicant but does not dispute the aforesaid fact.
6. Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant material, it is evident from the record that due to bonafide mistake the applicant failed to appear on the date fixed. Accordingly, the application is allowed.The order dated 19.05.2025 is hereby set aside.
7. The petitioner is directed to appearbefore the court below on the date fixed and the trial court is also directed to proceed in accordance with law.
Order Date :- 19.6.2025 J. K. Dinkar