High Court
Case Details
Court No. - 79 Case :- APPLICATION U/S 482 No. - 28740 of 2024 Applicant :- Sri Shahjad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Pandey,Nikhil Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. List of fresh cases has been revised. 2. No one appears on behalf of the applicant to press this application. 3. Sri R.K. Singh, learned AGA for the State is present. 4. It is inform by learned AGA that the Bar Association of
Legal Reasoning
Allahabad High Court has passed a resolution that all members of Bar will abstain from judicial work today. 5. From the perusal of record, it transpires that proceeding in question under N.I. Act has been pending since 2016. Though initially the opposite party no.2 appeared in the court and released on bail. It is also clear from the record that counsel for the applicant has filed application under section 482 Cr.P.C. No.22799 of 2019 for seeking direction to expedite the trial in question and that application was disposed of by this Court by order dated 19.06.2019, directing the trial court to decide the proceeding under section 138 of N.I. Act expeditiously without granting any unnecessary adjournments to either of the parties. It is also clear from the record that the accused, instead of appearing for statement under section 313 Cr.P.C. has absented almost for more than one year. Thereafter accused-opposite party no.2 moved an adjournment application, which was rejected by the court below by order dated 14.12.2021 and non-bailable warrant was also issued against him. When non-bailable warrant issued against the opposite party no.2 was not executed, then the court below also issued process under section 82 Cr.P.C. and when same was also not executed by the concerned police station then court below also issued process under section 83 Cr.P.C. on 16.07.2022. Order sheet also shows that neither non-bailable warrant alongwith process under sections 82 and 83 Cr.P.C. was executed by the concerned police station upon opposite party no.2 nor same was returned to the court below. Thereafter, the court below also sent a letter to the Senior Superintendent of Police, Meerut directing him to ensure the execution of non-bailable warrant as well as process under sections 82 and 83 Cr.P.C. upon opposite party no.2, but no action was taken by the Senior Superintendent of Police, Meerut, then court below again issued a letter to SHO concerned for ensuring the execution of non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2, which was again followed by order dated 05.08.2023, but concerned police had not executed the non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2. 6. It is also clear from the order sheet that court below again issued non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2 on 14.09.2023, 25.10.2023, 10.11.2023, 21.11.2023 and 05.12.2023, but no action was taken by the concerned police for execution of non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2. Thereafter, learned Magistrate again sent a letter to the concerned SHO for execution of non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2 on 10.01.2024 and 27.02.2024, but same were not executed by the concerned police. Thereafter, learned Magistrate again issued non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2 on 05.03.2024 and 19.03.2024, but same were not executed by the concerned police. Thereafter, learned Magistrate again issued non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2, but concerned police has not executed non-bailable warrant as well as process under sections 82 Cr.P.C. against the accused-opposite party no.2. 7. Order sheet further shows that the learned Magistrate on 28.03.2024 again issued non-bailable warrant alongwith process under sections 82 Cr.P.C. against the accused-opposite party no.2 and also issued a letter to the Senior Superintendent of Police, Meerut for execution of the same, but no action was taken by the Senior Superintendent of Police, Meerut for execution of non- bailable warrant as well as process under sections 82 Cr.P.C. against the accused-opposite party no.2. Thereafter, learned Magistrate again issued non-bailable warrant as well as process under sections 82 Cr.P.C. against the accused-opposite party no.2 on 30.04.2024, 10.06.2024, 02.07.2024, but same were not executed by the concerned police against the accused-opposite party no.2. Thereafter, learned Magistrate again issued non- bailable warrant as well as process under section 82 Cr.P.C. against the accused-opposite party no.2 on 05.07.2024, but same has not been executed by the concerned police against the accused- opposite party no.2. 8. In the aforesaid circumstances, it is clear that despite direction of this Court the trial could not be concluded by the court below, because of the non cooperation of the accused-opposite party no.2 as well as negligence on the part of police, specially by the concerned SHO and Senior Superintendent of Police, Meerut, in non-execution of non-bailable warrant as well as process under section 82 Cr.P.C. against the accused-opposite party no.2. Such conduct on the part of police is serious and their negligence resulted into unnecessary delay in the administration of justice. In such circumstances, the court has no option, except to direct the Senior Superintendent of Police, Meerut to appear in person before this Court, at 10 A.M. on 13.11.2024 through video conferencing, to explain why the appropriate proceeding may not be initiated against him for his negligence in execution of non-bailable warrant as well as process under section 82 Cr.P.C. against the accused- opposite party no.2, in Complaint Case No.745/9 of 2016 (Shahjad Vs. Imran). 9. Put up this case as fresh on 13.11.2024 at 10.00 A.M. 10. The Registrar compliance is directed to inform the Senior Superintendent of Police, Meerut about this order. 11. Office is also directed to send necessary link to the Senior Superintendent of Police, Meerut, so that he could connect through video conferencing on 13.11.2024 at 10.00 A.M. Order Date :- 4.11.2024 VKG