KULDEEP YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) This petition seeks issuance of a writ in the nature of Certiorari quashing the impugned order dtd. 15/10/2022 passed by the Special Judge (POCSO Court), Allahabad, whereby non-bailable warrant has been issued against the petitioner in F.I.R. No. 0136 of 2022, under Ss. 323, 376, 504, 506 I.P.C. and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Phaphamau, District Allahabad.

(2.) Heard Ms. Archi Piyush, learned Counsel for the petitioner, Shri J.K. Upadhyaya, learned Additional Government Advocate for the State/respondents no. 1 to 3 and perused the impugned F.I.R. as well as material brought on record.

(3.) It appears that the proceedings were commenced pursuant to an FIR dtd. 18/5/2022, registered as FIR No.0136 of 2022, under Ss. 354 (k), 323, 504, 506 I.P.C. and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Phaphamau, District Allahabad, against the petitioner, whereupon the case was investigated. The aforesaid F.I.R. was challenged by the petitioner by filing Criminal Misc. Writ Petition No. 6443 of 2022 before this Court, which was dismissed as withdrawn by means of the order dtd. 31/5/2022. Thereafter, the petitioner has filed anticipatory bail application, bearing No. 7475 of 2022, which was rejected by the learned Single Judge vide order dtd. 31/8/2022. During the pendency of the investigation, the Investigating Officer of the case has filed an application before the Special Judge (POCSO Court), Allahabad, stating that the petitioner is the wanted accused in F.I.R. No. 0136 of 2022 but in spite of his best efforts, he could not secure the arrest of petitioner and the petitioner is absconding and there is an apprehension that the petitioner could commit heinous crime, therefore, non-bailable warrant be issued against the petitioner. The Special Judge (POCSO Court), Allahabad, took cognizance of the aforesaid application of the Investigating Officer and upon examining the assertions of the application as well as the case diary, the Special Judge (POCSO Court) issued non-bailable warrant against the petitioner by means of the order dtd. 15/10/2022. It is at this stage that the present writ petition under Article 226 of the writ petition has been filed by the petitioner, seeking quashing of the aforesaid order dtd. 15/10/2022 passed by the Special Judge (POCSO Court), Allahabad.