SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(MP) 22

DINESH KUMAR PALIWAL
Devendra Kumar Tiwri – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Manish Datt with Siddharth Bendel for applicant;
Satpal Chadhar, Government Advocate for respondent/State;
Sandeep Kumar Mishra for objector.

ORDER

1. This petition under section 482 of Cr.P.C. has been filed assailing the order dated 11.1.2023 passed by Special Judge POCSO Act, Sirmour, District Rewa whereby upon filing of charge sheet for commission of offence under sections 354 & 354 (A) of IPC and section 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 section 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 v. CBI through Director, 2021 SCC Online SC 941, Siddharth v. State of UP and another, (2022) 1 SCC 676 and Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773 learned senior counsel has contended that Supreme Court in aforesaid cases an

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top