Allahabad High Court
Chandresh Rajpoot vs State Of U.P. Thru. Prin. Secy. Home Lko. … on 1 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:22973
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 2684 of 2026
Chandresh Rajpoot
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Abhishek Srivastava
Counsel for Opposite Party(s)
:
G.A.
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J.
Since, the legal question is being adjudicated, notice to opposite party no. 2 is hereby dispensed with.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C./528 of the B.N.S.S. has been filed with the following reliefs :-
“1. Quash the impugned order dated 19-02-2026 passed by Ld. Court of Special Judge, POCSO Act, Court No. 3, Lucknow in S. T. No. 46/2016 styled as State Vs. Chandresh Rajpoot & Anr, arises out of Crime No. 31/2015 U/s 294, 323, 354D IPC & 11/12 POCSO Act Ps. Vikas Nagar, Lucknow against the petitioner, whereby setting aside non-bailable warrant and proclamation Us. 82 CrPC issued against the petitioner, in the interest of justice. (Annexure No. 2)
2. Quash the impugned order dated 04-02-2026 passed by Ld. Court of Special Judge, POCSO Act, Court No. 3, Lucknow in Session Trial No. 46/2016 styled as State Vs. Chandresh Rajpoot & Anr. arises out of Crime No. 31/2015 U/s 294, 323, 354D IPC & 11/12 POCSO Act Ps. Vikas Nagar, Lucknow against the petitioner, whereby setting aside non-bailable warrant issued against the petitioner, in the interest of justice. (Annexure No. 2).”
Submission of learned counsel for the applicant is that the applicant was kept on appearing on each and every date before the learned trial court and on 04-02-2026, he could not appear before the learned trial court, therefore, non bailable warrant has been issued against him. He submitted that on the next date i.e. on 19-02-2026, the proclamation under section 82 of Cr.P.C. has also been issued, though the procedure prescribed under the provision of section of 82 of Cr.P.C. has not been followed in it’s letter and spirit. He next submitted that thirty days’ notice period has not been followed, as is prescribed under section 82 of Cr.P.C. and therefore, the whole proceeding vitiates in the eyes of law. Thus, submission is that order of issuance of non bailable warrant as well as the order of proclamation issued under section 82 of Cr.P.C. may be quashed.
On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submitted that the first information report has been lodged under the POCSO Act and the chargesheet has been filed as well, and there is period of one year prescribed for the conclusion of the trial and under such circumstances, the trial court has proceeded in the matter and therefore, no interference is warranted.
Upon considering the submissions of learned counsels for the parties and after perusal of records, it is apparent that the non bailable warrant is issued on 04-02-2026 and as per the statement of the learned counsel for the applicant,the applicant was kept on appearing on each and every date fixed by the trial court prior to that.
This court has also noticed that after 04-02-2026, within span of period of 15 days, the proceeding under section 82 of Cr.P.C. has been undertaken, though there is mandatory period of thirty days provided under the Act.
In this view of the matter, the orders dated 04-02-2026 and 09-02-2026, are hereby kept in abeyance.
The date, as per the statement of learned counsel for the applicant for hearing is fixed on 08-04-2026, therefore, the applicant is directed to appear on 08-04-2026.
It is further provided that the applicant shall kept on appearing on each and every date fixed by the learned trial court, failing which the learned trial court will be at liberty to take legal recourse as is provided under the prevalent laws; against the applicant.
The applicant is allowed accordingly.
(Shree Prakash Singh,J.)
April 1, 2026
AKS