[2011 Rape Case] Allahabad High Court asks ACM Shahjahanpur to ‘go slow’ in executing NBW issued against Swami Chinmayanand

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In the plea to quash the case, the high court reserved judgment on July 29 which is yet awaited.

The Allahabad High Court on Thursday said that the judgment in former Union Minister Swami Chinmayanand Saraswati’s plea to quash the entire proceedings in the 2011 rape case is expected to be delivered in the next 4-5 days.

In light of the same, the bench of justice Rahul Chaturvedi asked the Additional City Magistrate-III, Shahjahanpur to go slow in executing the Non-Bailable Warrant issued against Chinmayanand on September 16, 2022.

The bench passed the order in an application moved seeking stay on the execution of the Non-Bailable Warrant issued against Chinmayanand for ensuring his attendance before the court.

The Additional City Magistrate-III, Shahjahanpur issued the NBW against Chinmayanand on September 16 and fixed September 26 as the next date.

The counsel for Chinmayanand submitted before the court that he is an old and ailing person of 76 years and has recently undergone eye surgery.

Court stated that since it is seized with the matter and it is expected to deliver the judgment within the next 4-5 days, the ACM should await the verdict.

With this observation, court disposed of the instant plea.

After exchange of pleadings between the parties, the high court on July 29, 2022 had reserved the judgment in the former Union Minister’s plea to quash the proceedings in the rape case registered against him.

Chinmayanand moved the high court in July 2018 after the trial court rejected the application moved by the State Government under Section 321 CrPC for withdrawal of prosecution.

Challenging the order of the lower court, the charge sheet and the entire proceeding pending before the court of Chief Judicial Magistrate, Shahjahanpur, Chinmayanand's counsel argued that the Magistrate rejected the public prosecutor's application under Section 321 CrPC on consideration of extraneous material contrary to the law laid down by the Supreme Court.

He argued that in absence of any ground to reject the application under Section 321 CrPC, the Magistrate could not have rejected such application under influence of a letter written by a stranger to the dispute and on consideration of evidence and other material which were not required to be examined, at that stage.

Chinmayananda is accused of sexually exploiting a law student of a college of which he was the director. He was granted bail six months after his arrest in August 2019 by the Allahabad high court on February 3, 2020.

The case had triggered nationwide outrage and the Top Court had taken suo moto cognizance of the issue and had directed for constitution of a Special Investigation Team (SIT) to probe the matter.

The SIT has filed the charge sheet in the case which is pending before the CJM court, Shahjahanpur.

Case Title: Swami Chinmayanand Saraswati v. State Of U.P. And Anr