Allahabad High Court
Sompal Maurya vs State Of U.P. And Another on 5 April, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:49154 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10835 of 2025 Applicant :- Sompal Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Yadav 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. 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.
3. 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.
4. Per contra, learned A.G.A opposed the prayer.
5. 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.
6. With the aforesaid observation, the application is disposed of.
Order Date :- 5.4.2025 Shaswat