Disposed

Ankit Sharma v. State of Up and Another

Allahabad HC4 Dec 2024A482/25104/2024

Case brief

AI extract

What is this about?

High Court Bench examined an application under Section 482 Cr.P.C. regarding delays in executing warrants in a cheque dishonour case. The Court directed police to explain the lack of warrant execution and instructed the District Judge to investigate responsible officers and submit a report with register extracts.

What did the court decide?

SSP Agra to file affidavit on warrant execution; District Judge to investigate negligence and submit report with register extracts.

Ankit Sharma vs State of Up and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 25104 of 2024

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Applicant :- Ankit Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Personal affidavit filed by Sri Pankaj Srivastava, learned AGA on behalf of Sri J. Ravinder Goud, Commissioner of Police, Agra, is taken on record.

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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:

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"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.

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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.

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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

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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.

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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.

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5. Put up this case as fresh on 13.12.2024.

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

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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."

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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.

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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 nonbailable warrants have been actually handed over or

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dispatched to the Police StationSadar 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.

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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.

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

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

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Order Date :- 13.12.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Ankit Sharma v. State of Up and Another

Case brief

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Ankit Sharma v. State of Up and Another

Case brief

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