Ramesh Kumar vs State Of Himachal Pradesh

Anoop Chitkara, J

Challenging issuance of NBWs against the accused and also issuance of notice to his counsel, petitioner has come up before this Court with a

prayer to set aside the same.

I have heard Mr. Maan Singh, learned counsel for the petitioner and gone through the impugned order.

It appears that learned Special Judge Fast Track POCSO Court, Mandi, is oblivious of the fact that the world is passing through COVID-19

Pandemic and our country is also equally affected. The orders have been passed in haste as if times were normal. Furthermore, there was no reason

to issue notice to learned counsel for the accused.

Mr. Maan Singh, learned counsel appearing for the petitioner submits that this petition is supported by the affidavit of the petitioner, Ramesh

Kumar. Petitioner has assured to remain present in the trial Court on 24.7.2021 at 10:00 a.m.

Consequently, in the given facts and circumstances of the case, the petition is allowed. The impugned orders dated 9.7.2021 and 17.7.2021, passed

by Special Judge, Fast Track Court POCSO Court, Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No.90 of 2016, titled as State vs.

Ramesh Kumar, are set aside and NBWs issued are ordered to be recalled.

The petitioner is directed to appear before the trial Court on 24.7.2021 at 10:00 a.m., sharp.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner can download this order from the official web page of

this Court and attest it to be a true copy.