Disposed

Premnath v. State of U.P. and Another

Allahabad HC5 Jul 2024A482/9632/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application seeking expeditious disposal of a Section 138 N.I. Act complaint, finding that delays stemmed from the applicant's failure to seek warrant issuance despite previous directions. The Court clarified that while police must execute warrants once issued, the applicant must cooperate, directing the trial court to proceed under Section 143(3) N.I. Act.

What did the court decide?

Application disposed of; trial court directed to proceed; police directed to execute warrants once issued.

Premnath vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119595

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.3)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 9632 of 2024

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Applicant :- Premnath Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Vivek Singh, learned counsel for the applicant and Sri Rajiv Kumar Singh , learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking expeditious disposal of the Complaint Case No. 4013 of 2022 (Premnath vs. Rohit Ratna) u/S 138 of the N.I. Act, P.S.- Kotwali Katra, District- Mirzapur, within stipulated period of time.

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3. On 27.04.2024, this Court has passed the following order:-

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"1. Heard learned counsel for the applicant, Sri Anish Kumar Upadhyay, 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 learned Chief Judicial Magistrate, Mirzapur to expedite the Complaint Case No.4013 of 2022, under Sections 138 N.I. Act, Police Station- Kotwali Katra, District Mirzapur pending in the court of Chief Judicial Magistrate, Mirzapur.

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3. Contention of learned counsel for the applicant is that despite issuance of Nonbailable warrant against opposite party no.2 on 01.06.2023, opposite party no.2 has not appeared before the court below to face the trial.

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4. From perusal of record, it appears that initially warrant was issued on 01.06.2023 and the same was again issued on 06.07.2023, 07.08.2023, 05.09.2023, 07.10.2023, 15.12.2023, 06.01.2024 and 13.02.2024, which shows laxity on the part of the police for not executing the non-bailable warrant. Execution of non-bailable warrant is duty of police.

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5. In view of above, learned AGA is directed to seek instruction in the matter from Superintendent of Police, Mirzapur why the non-bailable warrant issued by the Chief Judicial Magistrate, Mirzapur against the opposite party no.2 has not been executed.

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6. List this case in the week commencing 13th May, 2024 as fresh."

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4. In pursuance of the aforesaid order dated 27.04.2024, the instructions received from Superintendent of Police- Mirzapur, were submitted by learned A.G.A. according to which initially the non-bailable warrants were issued against the accused- Rohit Ratna, on 01.06.2023. However, the same could not be executed and were returned back to the court. Thereafter, no non-bailable warrant has been received by the Police Authorities for execution of the same.

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5. In pursuant to the aforesaid instructions received, this court has passed the following order on 24.05.2024:

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"1. Heard learned counsel for the applicant and Sri Ramesh Kumar, learned AGA for the State.

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2. In pursuance of the earlier order dated 27.04.2024, instruction was produced by the learned AGA, the same is taken on record.

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3. As per instructions, N.B.W. was received by the concerned police station on 01.06.2023 and returned back to the court concerned. The same could not be served though in the order sheet of the court, it was mentioned that NBW was again sent on different date and the same was not handed over to the Police Pairokar by staff of the court concerned. It has also been mentioned in the above instructions that as soon as NBW will be received from the court concern, the same could be executed expeditiously. In such circumstance, either the staff of the court concerned is responsible for not handing over the NBW issued subsequent to 01.06.2023 to the concerned police or police are responsible for sending incorrect report.

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4. In view of above, the Chief Judicial Magistrate, Mirzapur is directed to submit a report whether any N.B.W issued in Complaint Case No. 4013 of 2022, under Section 138 N.I. Act, Police Station- Kotwali Katra, District- Mirzapur subsequent to 01.06.2023 and the same was handed over to the concerned police pairokar or simply kept in the file but not handed over to police pairokar.

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5. List this case on 30.05.2024 as fresh.

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6. Registrar (Compliance) is directed to inform the CJM, Mirjapur through email about the today order."

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6. In pursuance of the aforesaid order dated 24.05.2024, a report has been received from Chief Judicial Magistrate, according to which on 01.06.2023 and 06.09.2023, non-bailable warrants were issued and the complainant has taken steps for service. The said non-bailable warrant was received by the Police Pairokar- Kotwali Katra, District- Mirzapur and the same has not yet been received back. It is further stated in the report that on various dates i.e., 06.07.2023, 07.08.2023, 05.09.2023, 07.10.2023, 15.12.2023, 06.01.2024, 13.02.2024, 22.03.2024 and 26.04.2024, non-bailable warrants were directed to be issued, however, no steps were taken on behalf of the applicant herein. Therefore, non-bailable warrants could not be issued against the opposite party no.2.

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7. In view of the aforesaid reports since the applicant himself was not taking steps for number of times, therefore, no positive direction can be issued for expediting the trial of the case, however, it is made clear that once the steps are

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taken and non-bailable warrants are issued by the learned Magistrate, it is the duty of the Police Authorities to execute the same within time bound manner, without any excuse for the same.

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8. Therefore, the instant application is disposed of with a direction that once the steps are taken by the complainant and the non-bailable warrants are issued the Police Authorities shall cooperate and try to execute the non-bailable warrants positively.

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9. However, it is expected that the trial court shall proceed in the matter in accordance with law, keeping in mind the provisions of Section 143(3) of the N.I. Act.

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Order Date :- 26.7.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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

Premnath v. State of U.P. and Another

Case brief

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Premnath v. State of U.P. and Another

Case brief

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