High Court

Police, Agra, Sri J. Ravinder Goud, has filed personal affidavit dated 11.12.2024. In paragraph no.4 of the personal affidavit filed by the Commissioner of Police, Agra, it is clearly mentioned that till date, neither any summon nor any warrant has been received at Police Station-Sadar Bazar, Commissionerate, Agra. Just to verify the averments made by the Commissioner of Police, Agra, this Court vide order dated 13.12.2024 directed the District Judge, Agra to submit his report whether any summon, bailable warrant or non- bailable warrant has been actually handed over or dispatched the police station-Sadar Bazar, Commissionerate Agra. Copy of the order dated 13.12.2024 is being quoted as under: "1. Personal affidavit filed by Sri Pankaj Srivastava, learned AGA on behalf of Sri J. Ravinder Goud, Commissioner of Police, Agra, is taken on record.

2. This case was heard on 04.12.2024. On that date, Senior Superintendent of Police, Agra was directed to file personal affidavit mentioning the reason why summons, bailable warrant and non-bailable warrant issued against the accused persons between 2019 to 2023 had not been executed with further direction for ensuring the execution of non-bailable warrant against the accused. For ready reference, the order dated

04.12.2024 is being quoted as under: "1. Heard Sri Ajit Yadav, Advocate (A/A 1081/17) holding brief of Sri Raghubir Singh, learned counsel for the applicant, Sri Kamlesh Kumar Tripathi, learned A.G.A for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed to direct the court below to decide the trial of Complaint Case No.6380 of 2019, under Section 138 N.I. Act, Police Station- Sadar Bazar, District- Agra pending in the court of Additional Court No.3, Agra.

3. From perusal of order sheet, it appears that in the complaint in question, summoning order was passed on

06.07.2019 and order for sending the summons was passed repeatedly till 29.04.2023 but the presence of accused person could not be ensured. Thereafter, the court below had issued non-bailable warrant against the opposite party no.2, Sri Manoj Sharma on 29.04.2023 and the court below kept on issuing the non-bailable warrant, even then the presence of opposite party no.2 could not be ensured before the court below till date for the reason, non-bailable warrant issued against him was not executed by the police. This is sheer negligence on the part of Agra Police.

4. Therefore, the Senior Superintendent of Police, Agra is directed to file his personal affidavit after execution of non-bailable warrant issued against the opposite party no.2. In his affidavit, the SSP, Agra shall also inform to the Court, what action he has taken against the responsible officers, who are negligent in execution of the warrant against the accused person in Complaint Case No.6380 of 2019.

5. Put up this case as fresh on 13.12.2024.

6. Registrar (Compliance) is directed to send a copy of this order to the SSP, Agra.

7. It is made clear that if the personal affidavit of SSP, Agra is not filed by the next date, the Court may consider to summon the SSP, Agra."

3. In compliance of order dated 04.12.2024, personal affidavit has been filed by the Commissioner of Police, Commissionerate, Agra, Sri J. Ravinder Goud. In paragraph no.4 of the affidavit, it was specifically mentioned that till date, neither any summons nor any warrant has been received at the Police Station- Sadar Bazar, Commissionerate, Agra. If this fact is correct then there is a sheer negligence on the part of concerned Presiding Officer.

4. To verify this issue, District Judge, Agra is directed to submit his report after perusal of record of Complaint Case No. 6380 of 2019 pending in the court of Additional, Court No.3, Agra, whether any summons, bailable warrant or non- bailable warrants have been actually handed over or dispatched to the Police Station- Sadar Bazar, Commissionerate, Agra, and along with this report relevant extract of the register maintained as per Rule 12 of the General Rules (Criminal), shall be enclosed.

5. It is further directed that the District Judge, Agra, will also conduct preliminary enquiry to determine whether any officer or employee is responsible for such negligence, if no such process has been dispatched or handed over to the concerned police.

6. Put up as fresh on 17.12.2024 at 10:00 am.

7. Registrar (Compliance) is directed to send copy of this order to the District Judge, Agra for necessary compliance."

4. In pursuance of order dated 13.12.2024, District Judge, Agra has submitted his report dated 16.12.2024 in which it is clearly mentioned that summons were sent through registered post to the Station House Officer, Sadar Bazar, Agra which had been duly served upon him as per the tracking report which has been annexed with this report. It was further mentioned in the report of District Judge, Agra that non-bailable warrant was issued against the accused on

29.04.2023 and warrant has been handed over to pairokar of Summon Cell on 28.07.2023 and again on 16.09.2023. Signature of the pairokar who received NBW is also available in the process register. Copy of the same has been annexed with this report.

5. In view of the above report of District Judge, Agra it is clear that the averments made by the Commissioner of Police, Agra in his personal affidavit dated 11.12.2024 that police has not received any summons or warrant is absolutely incorrect and filing incorrect affidavit in the High Court during judicial proceeding amounts to criminal contempt.

6. In view of the above, Commissioner of Police, Agra is directed to personally appear before this court and show cause why the contempt proceeding may not be initiated against him for filing false affidavit before this court.

7. Put up as fresh on 10.01.2025 at 10:00 am among top ten cases.

8. Registrar (Compliance) is directed to send copy of this order to Commissioner of Police, Agra. Order Date :- 3.1.2025 S.Chaurasia

Police, Agra, Sri J. Ravinder Goud, has filed personal affidavit dated 11.12.2024. In paragraph no.4 of the personal affidavit filed by the Commissioner of Police, Agra, it is clearly mentioned that till date, neither any summon nor any warrant has been received at Police Station-Sadar Bazar, Commissionerate, Agra. Just to verify the averments made by the Commissioner of Police, Agra, this Court vide order dated 13.12.2024 directed the District Judge, Agra to submit his report whether any summon, bailable warrant or non- bailable warrant has been actually handed over or dispatched the police station-Sadar Bazar, Commissionerate Agra. Copy of the order dated 13.12.2024 is being quoted as under: "1. Personal affidavit filed by Sri Pankaj Srivastava, learned AGA on behalf of Sri J. Ravinder Goud, Commissioner of Police, Agra, is taken on record.

2. This case was heard on 04.12.2024. On that date, Senior Superintendent of Police, Agra was directed to file personal affidavit mentioning the reason why summons, bailable warrant and non-bailable warrant issued against the accused persons between 2019 to 2023 had not been executed with further direction for ensuring the execution of non-bailable warrant against the accused. For ready reference, the order dated

04.12.2024 is being quoted as under: "1. Heard Sri Ajit Yadav, Advocate (A/A 1081/17) holding brief of Sri Raghubir Singh, learned counsel for the applicant, Sri Kamlesh Kumar Tripathi, learned A.G.A for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed to direct the court below to decide the trial of Complaint Case No.6380 of 2019, under Section 138 N.I. Act, Police Station- Sadar Bazar, District- Agra pending in the court of Additional Court No.3, Agra.

3. From perusal of order sheet, it appears that in the complaint in question, summoning order was passed on

06.07.2019 and order for sending the summons was passed repeatedly till 29.04.2023 but the presence of accused person could not be ensured. Thereafter, the court below had issued non-bailable warrant against the opposite party no.2, Sri Manoj Sharma on 29.04.2023 and the court below kept on issuing the non-bailable warrant, even then the presence of opposite party no.2 could not be ensured before the court below till date for the reason, non-bailable warrant issued against him was not executed by the police. This is sheer negligence on the part of Agra Police.

4. Therefore, the Senior Superintendent of Police, Agra is directed to file his personal affidavit after execution of non-bailable warrant issued against the opposite party no.2. In his affidavit, the SSP, Agra shall also inform to the Court, what action he has taken against the responsible officers, who are negligent in execution of the warrant against the accused person in Complaint Case No.6380 of 2019.

5. Put up this case as fresh on 13.12.2024.

6. Registrar (Compliance) is directed to send a copy of this order to the SSP, Agra.

7. It is made clear that if the personal affidavit of SSP, Agra is not filed by the next date, the Court may consider to summon the SSP, Agra."

3. In compliance of order dated 04.12.2024, personal affidavit has been filed by the Commissioner of Police, Commissionerate, Agra, Sri J. Ravinder Goud. In paragraph no.4 of the affidavit, it was specifically mentioned that till date, neither any summons nor any warrant has been received at the Police Station- Sadar Bazar, Commissionerate, Agra. If this fact is correct then there is a sheer negligence on the part of concerned Presiding Officer.

4. To verify this issue, District Judge, Agra is directed to submit his report after perusal of record of Complaint Case No. 6380 of 2019 pending in the court of Additional, Court No.3, Agra, whether any summons, bailable warrant or non- bailable warrants have been actually handed over or dispatched to the Police Station- Sadar Bazar, Commissionerate, Agra, and along with this report relevant extract of the register maintained as per Rule 12 of the General Rules (Criminal), shall be enclosed.

5. It is further directed that the District Judge, Agra, will also conduct preliminary enquiry to determine whether any officer or employee is responsible for such negligence, if no such process has been dispatched or handed over to the concerned police.

6. Put up as fresh on 17.12.2024 at 10:00 am.

7. Registrar (Compliance) is directed to send copy of this order to the District Judge, Agra for necessary compliance."

4. In pursuance of order dated 13.12.2024, District Judge, Agra has submitted his report dated 16.12.2024 in which it is clearly mentioned that summons were sent through registered post to the Station House Officer, Sadar Bazar, Agra which had been duly served upon him as per the tracking report which has been annexed with this report. It was further mentioned in the report of District Judge, Agra that non-bailable warrant was issued against the accused on

29.04.2023 and warrant has been handed over to pairokar of Summon Cell on 28.07.2023 and again on 16.09.2023. Signature of the pairokar who received NBW is also available in the process register. Copy of the same has been annexed with this report.

5. In view of the above report of District Judge, Agra it is clear that the averments made by the Commissioner of Police, Agra in his personal affidavit dated 11.12.2024 that police has not received any summons or warrant is absolutely incorrect and filing incorrect affidavit in the High Court during judicial proceeding amounts to criminal contempt.

6. In view of the above, Commissioner of Police, Agra is directed to personally appear before this court and show cause why the contempt proceeding may not be initiated against him for filing false affidavit before this court.

7. Put up as fresh on 10.01.2025 at 10:00 am among top ten cases.

8. Registrar (Compliance) is directed to send copy of this order to Commissioner of Police, Agra. Order Date :- 3.1.2025 S.Chaurasia