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2022 Supreme(Chh) 409

DEEPAK KUMAR TIWARI
Omkar S/o Shyam Sunder Painkra – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shakti Raj Sinha.
For the Respondents: Gurudev I. Sharan, Anil Tripathi.

ORDER :

1. With the consent of the parties, the matter is heard finally.

2. The petitioner has filed the instant Cr.M.P. against the order dated 18.10.2022 passed by Additional Sessions Judge (FTSC), Surajpur in Sessions Trial No. 45/2020 (Crime No. 64/2020), whereby the application filed by the petitioner under Section 317 of Code of Criminal Procedure (for short “Cr.P.C.”) has been dismissed and arrest warrant has been issued against the applicant.

3. Shri Sinha, learned counsel for the petitioner would submit that the trial for the offences punishable under Sections 451, 354, 34 of IPC and Section 8 of the POCSO Act is going on against the petitioner and the petitioner is regularly appearing on every date of hearing. He further submits that before 18.10.2022, Shri A.K. Goyal, Advocate was regularly appearing on behalf of the petitioner, but on 18.10.2022 an application under Section 317 Cr.P.C. was moved by Shri S.P. Dubey, Adv. on behalf of the petitioner for exemption of petitioner before the Court on 18.10.2022 and he has also filed an application for adjournment as the original counsel Shri A.K. Goyal has gone to Raipur for his personal work therefore, he is unable to examine t

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