YUNUS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant miscellaneous petition, challenge has been made to the order dtd. 23/7/2021 passed by the learned Special Judge, POCSO No. 1, Bharatpur in Sessions Case No. 75/21 arose out of FIR No. 59/2018 registered at Police Station Jurhera, Distt. Bharatpur whereby the learned Trial Judge has taken cognizance of the offence and has issued warrant of arrest.

(2.) As a matter of fact, after investigation, the offence has been found proved against the accused Ajhru only, however, the learned Trial Judge has arraigned the petitioner as an accused and thus, issued process against him.

(3.) Since, after thorough investigation, the petitioner had been exonerated from the accusation and thus, his presumption of innocence has further been fortified by the conclusion of the Investigating team, therefore, instead of issuing warrant of arrest, the learned Trial Judge summoned the accused petitioner through summon or bailable warrant.