DEVENDRA KUMAR TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Ses. 482 of Cr.P.C. has been filed assailing the order dtd. 11/1/2023 passed by Special Judge POCSO Act, Sirmour, District Rewa whereby upon filing of charge sheet for commission of offence under Ss. 354 and 354 (A) of IPC and Ses. 9/10 of POCSO Act, 2012, Special Judge/Additional Sessions Judge has directed for issuance of arrest warrant for securing the appearance of applicant who was not arrested during trial. Notice under Ses. 41(A) of Cr.P.C. was issued directing him to remain present in the Sirmour Court on 16/12/2021 at the time of filing of charge sheet but he did not turn up.

(2.) Learned senior counsel has contended that learned trial Court instead of issuing summons at the very first instance of filing charge sheet has directed to issue arrest warrant for securing the prsence of the applicant in the case.

(3.) . By placing reliance on the judgment of Aman Preet Singh Vs. CBI through Director, 2021 SCC Online SC 941, Siddharth Vs. State of UP and another, (2022) 1 SCC 676 and Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 learned senior counsel has contended that Supreme Court in aforesaid cases and other cases too invariably issued guidelines that on the very first date of filing charge sheet arrest warrant be not issued against the accused persons for securing their presence and at first instance summons be issued.