Rajbir And Others vs State
2014 Latest Caselaw 6830 ALL

Citation : 2014 Latest Caselaw 6830 ALL
Judgement Date : 23 September, 2014

Allahabad High Court

Rajbir And Others vs State on 23 September, 2014

Bench: Arun Tandon, Akhtar Husain Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 688 of 1991
 

 
Appellant :- Rajbir And Others
 
Respondent :- State
 
Counsel for Appellant :- S.K.Yadav,Kundan Singh
 
Counsel for Respondent :- A.G.A.,N.K. Sharma
 

 
Hon'ble Arun Tandon,J.

Hon'ble Akhtar Husain Khan,J.

From the records of the present appeal it is apparent that notice was issued to the appellants through Chief Judicial Magistrate, Aligarh under order dated 28.6.2014 to engage another counsel.

The C.J.M., however, required the service of notice upon (i) Rajbir son of Ramji Lal, (ii) Prempal son of Summer Singh and (iii) Smt. Shanti Devi wife of Sri Ramji Lal. From the records it is apparent that there is no appellant by the name of Prempal.

The names of the appellants are (1) Rajbir son of Ramji Lal, (2) Ramji Lal son of Sri Summer Singh and (3) Smt. Shanti Devi wife of Sri Ramji Lal. The Chief Judicial Magistrate, Aligarh will not look into the record. He will also not look into the letter forwarded by the High Court dated 3.6.2014 wherein the names of appellants have been specifically mentioned. Because of such careless attitude of Chief Judicial Magistrate, Aligarh notice was sought to be served upon a person by the name of Prempal who, is not a party to the said proceedings.

We further find that there is no report with regard to service of notice upon third appellant Smt. Shanti Devi wife of Sri Ramji Lal.

Let Chief Judicial Magistrate, Aligarh appear before this Court with his explanation for having directed service of notice upon non appellant and for not submitting report quo service of notice upon the third appellant Smt. Shanti Devi wife of Sri Ramji Lal. He may submit his explanation in writing to the Court along with an affidavit by the next date.

The matter shall be listed on 17.10.2014.

Copy of this order may be forwarded to the Chief Judicial Magistrate, Aligarh by the office of the High Court by tomorrow.

Order Date :- 23.9.2014