Disposed

Sanjay Kumar Singh v. State of U.P. and Another

Allahabad HC1 Dec 2022A482/22102/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking expediting of trial in a cheque dishonour case due to non-execution of non-bailable warrants, the Court noted that proclamation under Section 82 Cr.P.C. was recently executed. No further direction was deemed necessary, and the application was disposed of. The Commissioner of Police was directed to ensure timely service of processes.

What did the court decide?

Application disposed of; no further direction given as proclamation was executed; Commissioner of Police directed to prevent future delays.

Sanjay Kumar Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 22102 of 2022

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Applicant :- Sanjay Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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This Court passed following orders on 23.08.2022 and 30.11.2022:

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23.08.2022

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"Applicant is a complainant in a criminal case arising out of Section 138 of N.I.Act. He has approached this Court earlier for expediting the trial by way of an application filed under Section 482 Cr.P.C. No.37636 of 2019 which was disposed of vide order dated 18.10.2019 with a direction to the learned Magistrate for logical conclusion of the trial.

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Learned counsel for the applicant submits that till date, trial is not concluded and the accused has not appeared despite non bailable warrant was issued against him on 16.4.2022, but till date it is not executed.

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Put up as fresh on 13.9.2022.

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Meanwhile, learned trial court is directed to submit a report as to why trial is not concluded and why the non bailable warrant is not executed till date. Registry is directed to take steps to convey this order to the concerned court."

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30.11.2022

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"1. This Court by an order dated 23.08.2022 has sought a report from the District Court, which is just at a crow fly distance of about 2 kilometers, however, till date despite a mail was sent to the Chief Judicial Magistrate, Prayagraj on 01.09.2022, no report is submitted.

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Let this matter come up tomorrow i.e. on 01.12.2022 at 10:00 a.m. and the Registrar Compliance is permitted to send an oral communication to the District Judge, Prayagraj to comply the order

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dated 23.08.2022 passed by this Court. In default, the Court may take an adverse view."

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In compliance of above orders a report is submitted by Chief Judicial Magistrate, Allahabad tendering apology for delay in responding to orders of this Court as well as details of dates on which NBWs were issued and their outcome. Thereafter report says that now proceedings under Section 82 Cr.P.C. have been initiated though report further says that it was not served despite a letter sent to Senior Superintendent of Police, Prayagraj.

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In these circumstances, I have summoned Senior Superintendent of Police, Prayagraj. Sri Saurabh Dixit, Superintendent of Police, Yamunapar, Prayagraj (Acting as Senior Superintendent of Police, Prayagraj) who is present before this Court alongwith report that proclamation under Section 82 Cr.P.C. has been pasted on the house of accused today and as such order of Trial Court has been complied with. He has explained the steps taken for effective service which also includes perusal of register kept for this purpose.

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The Court has taken cognizance of number of such instances where bailable warrants/ non-bailable warrants/ proclamations under Section 82/83 Cr.P.C. have not been served expeditiously and Court has to pass repeated orders for its service. The outcome of service is not send to Court by police on regular basis. The Commissioner of Police, Prayagraj is directed to take appropriate steps and issue direction to its subordinates so that their may not be any delay in service of orders issued by Courts, time to time, and for that he may visit the Police Stations or take meeting of Station House Officers so that there may not be any hindrance in administration of justice. He will ensure that outcome of process shall be sent to Court concerned immediately.

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As in the present case, proclamation has already been pasted on the house of accused person and Trial Court is taking further steps, as required and permissible under Criminal Procedure Code for his appearance, therefore, at this stage, no further direction is required to be passed.

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The application is accordingly disposed of.

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Order Date :- 1.12.2022 AK

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Digitally signed by AWADESH KUMAR Date: 2022.12.01 17:02:38 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Kumar Singh v. State of U.P. and Another

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Sanjay Kumar Singh v. State of U.P. and Another

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