Citation : 2015 Latest Caselaw 2105 ALL
Judgement Date : 2 September, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- HABEAS CORPUS WRIT PETITION No. - 9994 of 2014 Petitioner :- Smt. Vimlesh And Anr. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- Govt. Advocate,A.K. Pandey,D.K. Pandey Hon'ble Karuna Nand Bajpayee,J.
Heard counsel for both the sides and perused the record.
In compliance of the order dated 11.8.2015, S.H.O. Sri Arvind Mohan Jaiswal, P.S.-Chhibramau, District-Kannauj is present in the Court. The Superintendent of Police, Kannauj has not appeared despite orders of this Court.
An affidavit of compliance sworn by S.H.O. has been filed, which is taken on record.
No application seeking exemption for the S.P., Kannauj or giving details of the circumstances under which he has not appeared, has been moved or filed before this Court. The Court vide its order dated 11.8.2015 had ordered that in case the corpus is not produced by the next date fixed in the matter, the S.P., Kannauj and S.H.O. of police station Chhibramau, Kannauj shall be personally present before this Court along with their respective personal affidavits explaining as to why and under what circumstances the corpus has not been produced in spite of repeated orders passed by this Court.
List this matter on 14.9.2015 before the appropriate Bench.
On the aforesaid date, the S.P., Kannauj and S.H.O. of police station Chhibramau, Kannauj, both shall personally present themselves before the Court. Apart from the personal affidavit which was required to be filed by the S.P., Kannauj, as per the order dated 11.8.2015, he shall also explain the circumstances under which he did not present himself before this Court despite orders and also as to why the Court should not proceed against him for defiance of the orders of this Court and committing its contempt.
Meanwhile, compliance of the order dated 11.8.2015 shall be ensured by all concerned in letter and spirit.
Copy of this order be given to learned A.G.A. forthwith.
Order Date :- 2.9.2015
Naresh
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