Prabhakar Singh vs State Of U.P.
2012 Latest Caselaw 5638 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- BAIL No. - 4627 of 2012
 

 
Petitioner :- Prabhakar Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- A.P. Mishra
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ajai Lamba,J.

Order dated 31.7.2012 reads as under:

"Learned A.G.A. prays for and is granted two weeks' time to file chemical examination report showing the percentage of the contraband material found in the recovered substance, as the percentage is not mentioned in the said report, failing which a presumption shall be drawn against the report of the chemical examination.  During this period, learned counsel for the applicant shall file the status report of the trial.

List this case on 21.8.2012."

Order was not complied with thereafter, althogh four times the case was adjourned.  When the case was adjourned the fifth time on 30.10.2012, following order was passed:

"Order dated 03.10.2012 has not been complied with.

List after two weeks.  Last opportunity.

In the meantime, let the order be complied with, or else cost amounting to Rs.5000/- shall be imposed."

Learned Government Advocate has informed the court that fax was sent on 08.10.2012 to the Superintendent of Police, Ambedkar Nagar, however, none has contacted the Government Advocate's office.

It appears that the Superintendent of Police, Ambedkar Nagar, has scant respect for  the process of law. 

Case is adjounred for 06.12.2012, however, subject to payment of Rs.5000/-(Five thousand only) as costs to be deposited in the Office of the High Court Legal Services Sub-Committee, Lucknow Bench, Lucknow.

The Superintendent of Police, Ambedkar Nagar, is directed to remain present in the Court on the next date of listing with the explanation as to under what circumstances required assistance is not being given to the Court.

Order Date :- 20.11.2012

A.Nigam