Tuesday, September 27, 2022

Nbw Against Ex-union Minister Chinmayanand In 2011 Rape Case | Bareilly News

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BAREILLY: A non-bailable warrant (NBW) has been issued against former Union minister of state for home, Swami Chinmayanand, for not appearing in a pending rape case against him before the court of the additional chief judicial magistrate (ACJM) in Shahjahanpur. The case was filed in 2011 and a charge-sheet was subsequently filed in the court in October 2012. Trial proceedings thereafter could not start following the Allahabad high court’s stay order.
In 2018, the Yogi government decided to withdraw the case against Chinmayanand and filed an application before the court of chief judicial magistrate (CJM) under section 321 of CrPC. The application was rejected by the CJM after the rape survivor filed an “objection”. The ex-minister then again moved HC and managed to obtain a stay “until the next court hearing”. Later, the survivor moved an application in the HC mentioning that “she doesn’t have any objection, if the case is withdrawn”. That decision is pending before the HC and the case proceedings began in the lower court in Shahjahanpur. Recently, the lower court directed police to ensure the accused is produced on September 26, the next date of hearing.
Shahjahanpur SP (City), Sanjay Kumar, told TOI, “We’ve come to know that the court has issued a NBW against the former minister. We will follow the court’s directions and take necessary measures.” On Friday, two counsels representing Chinmayanand had appeared before the ACJM court and requested the cancellation of the NBW as the matter is still pending before the HC. They also mentioned about Chinmayanand’s “frail health”.
The court, though, refused to give any relaxation and issued another warrant. Chinmayanand had earlier spent 137 days in prison for another rape case that was filed by a law student of his college in 2019. The case was closed by the court after “failing to find enough evidence from a 5,000-page charge-sheet filed by SIT”.

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