Application for compliance with earlier order regarding issuance of non-bailble warrant. Court directed coercive action against non-compliant officers and granted six months further time for compliance.
Six months time granted for compliance; directed initiation of proceedings under Section 350 Cr.P.C.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 43144 of 2019
Applicant :- Smt. Kavita Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rameshwar Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Learned counsel for applicant is present.
Perused the report of the concerned Additional Chief Judicial Magistrate, Ghaziabad, wherein, it has been apprised that in compliance of the order of this Court, dated 14.12.2017, Non Bailable Warrant and processes have been issued against the accused and a letter has been written to the Senior Superintendent of Police, Ghaziabad, but, because of non-appearance and non-execution of the same, Trial could not be proceed. However, further time has been requested by letter, dated 21.2.2019.
Concerned Magistrate to take coercive action against the officers or officials, who are not ensuring compliance of a judicial order of the Court. Even for non-compliance, proceeding, under Section 350 of Cr.P.C., may be initiated to ensure compliance. If non-compliance is deliberate, then, the same may be referred to this Court for passing orders in the matter to take action, in accordance with law. Further, the matter may also be taken up in the meeting of Monitoring Cell, held in the Chairmanship of the District Judge, by taking Senior Superintendent of Police, Ghaziabad, to task, for non-compliance of the judicial order. However, order of this Court is to be complied with for which further time of six months, from today, is being granted.
This Application stands disposed of accordingly.
Order Date :- 23.1.2020 bgs/
1 issue framed by the court
Whether coercive action should be taken for non-compliance of court order regarding issuance of warrant and processes.
1 provisions across 1 enactments
Smt. Kavita Singh
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
