Kamlesh Pattharkatt vs State Of U.P.
2012 Latest Caselaw 5707 ALL

Citation : 2012 Latest Caselaw 5707 ALL
Judgement Date : 23 November, 2012

Allahabad High Court

Kamlesh Pattharkatt vs State Of U.P. on 23 November, 2012

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- BAIL No. - 5920 of 2012
 

 
Petitioner :- Kamlesh Pattharkatt
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ganga Prasad Mishra
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ajai Lamba,J.

Order dated 01.11.2012 has not been complied with.

Sri Vipul Gupta, learned Addl. Government Adovcate, has informed the Court that although communication dated 12.9.2012 was sent to the Superintendent of Police, Gonda, none has contacted the office of the Government Advocate.

It is most unfortunate that required assistance is not being given to the court on account of non-cooperation of the investigating agencies. The purpose of giving advance notice is that counter affidavit is prepared in time or appropriate instructions are taken by the government Advocates, so that required assistance may be given to Court in time. In every application for bail liberty of individual is involved. However, it appears that the police officials/investigating agencies are totally insensitive to the issue.

Other than the above, administration of criminal justice is interfered by its delay.

The Superintendent of Police, Gonda, is hereby directed to remain present in Court on the next date of listing alongwith costs of Rs.7000/- (Seven thousand only) to be paid to the office of the High Court Legal Services Sub-Committee, Lucknow Bench, Lucknow, and also alongwith instructions in the matter/counter affidavit.

Costs be recovered from the officer/official, who is found responsible for causing delay in court process.

Let a copy of this order be conveyed to the Secretary (Home), U.P., and Director General of Police, Uttar Pradesh, through Registrar of this Court, so that the system can be corrected and appropriate assistance can be given to the Court.

I am constrained to record that a large number of cases have to be adjourned on account of the fact that appropriate assistance is not given by the investigating agencies.

List this case on 05.12.2012.

Order Date :- 23.11.2012

A.Nigam