Disposed

Anuj v. State of Upand Another

Allahabad HC21 Aug 2024A482/26120/2024

Case brief

AI extract

What is this about?

Applicant in a Section 482 application sought relief as police witnesses had not appeared for trial evidence since 2003 despite warrants. Court directed the Commissioner of Police, Gautam Buddh Nagar to stop salary/pension of named police personnel until they appear, required a compliance affidavit, and stayed any NBW against the applicant.

What did the court decide?

Salary/pension of named police witnesses stopped until they appear; NBW against applicant stayed; case listed on 24.10.2024.

Anuj vs State of Upand Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 26120 of 2024

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Applicant :- Anuj Opposite Party :- State Of Upand Another Counsel for Applicant :- Devesh Pandey,Vishal Sunder Saurabh Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Learned counsel for the applicant states that the applicant has been facing litigation since 2003, and no police witnesses have turned up till the filing of the instant application before this Court. The applicant's counsel has apprised that bailable warrants were issued first time on 19.01.2007, fixing 29.01.2007. Thereafter, second time bailable warrants were issued on 03.01.2012 fixing 26.04.2012. Thereafter, non-bailable warrants were issued on 28.01.2023 fixing 18.03.2023. A direction was also issued to the Commissioner of Police, Gautam Buddh Nagar, on 03.07.2015 to produce the police witnesses.

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Learned counsel for the applicant submits that despite the aforesaid exercise, the police witnesses, namely S.I. Ram Nath Parasar, Head Constable Narendra Dutt Tyagi, Constable Shiv Kumar, Constable Santosh Kumar Gautam, and S.I. Ram Autar Singh, P.S. Sector-20 Noida, District Gautam Buddh Nagar, have not turned up before the trial Court for recording of evidence.

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Its surprising that the charge-sheet was filed in the year 2003, and since then not a single prosecution witness has been produced by the prosecution despite continuous non-bailable warrants since 2007 on different intervals.

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This Court has left with no other way except to take coercive

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measures against the public witness/police witnesses and thus in such circumstances, directs the Commissioner of Police, Gautam Buddh Nagar/competent authority to stop the salary/pension of all the police personnel, named above, until they appear before the trial Court for recording of evidence.

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The Commissioner of Police, Gautam Buddh Nagar/competent authority shall intimate about the action taken in compliance with this order by way of personal affidavit on or before the next date of listing.

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Put up this case as fresh on 24.10.2024.

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Non-bailable warrant, if any, issued against the applicant, is stayed. The applicant shall appear before the trial Court to avail the opportunity of cross-examination.

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Registrar (Compliance) shall positively transmit the copy of this order forthwith to the authority concerned for necessary compliance.

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Order Date :- 4.10.2024

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Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Anuj v. State of Upand Another

Case brief

What is this about?

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Anuj v. State of Upand Another

Case brief

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