M/S Joshi Construction v. State of U.P. and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 42792 of 2024

Applicant :- M/S Joshi Construction Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alpana Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Personal affidavit filed by the S.S.P., Etawah is taken on record.

1. In pursuance of earlier order dated 12.12.2024, Judicial Magistrate, Court No.2, Etawah has submitted her report dated 17.12.2024. In her report the Judicial Magistrate, Court No.2, Etawah has mentioned that despite issuance of repeated letters along with non-bailable warrant and process under Section 82 Cr.P.C. same were not executed by the Senior Superintendent of Police, Etawah.

1. However, in the personal affidavit filed by the S.S.P., Etawah, he clearly denied of receiving any warrant or process under Section 82 Cr.P.C. or any letter. To verify this fact the concerned Magistrate Sangeeta -IInd along with District Judge, Etawah were directed to appear before this Court at 2:00 P.M. today. Both of them appeared before this Court at 2:00 P.M. and after verify the register, it was found that the report submitted by the Judicial Magistrate, Court No.2, Etawah regarding sending warrants as well as process under Section 82 Cr.P.C. along with letter to S.S.P., Etawah is incorrect and that was mentioned in the report without verifying from the record.

1. However, considering the fact that Judicial Officer is new in service, this Court resists itself from making any comment but expect that in future while submitting any report to High Court, she would verify the same from the record.