Allahabad High Court
Balwaan Singh vs The State Of U.P. on 14 September, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- CRIMINAL REVISION No. - 484 of 2003
Revisionist :- Balwaan Singh
Opposite Party :- The State Of U.P.
Counsel for Revisionist :- Neeraj Sahu,Shweeta Gupta
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Rajesh Singh Chauhan,J.
This Court has passed order dated 22.12.2017 as under:-
"Despite the case having been revised, none present on behalf of the revisionist.
Sri Dharmendra Singh, learned A.G.A. for the State-respondents has appeared before this Court.
Vide order dated 14.7.2017 this Court had directed to issue notice to the sureties of the revisionist to show cause why their bail bonds be not forfeited and amount of bail bond should be recovered from them, through Chief Judicial Magistrte, concerned.
A perusal of the order sheet indicates that notices were issued through the Chief Judicial Magistrate Ghaziabad on 22.7.2017.However, no report from the concerned Chief Judicial Magistrate is on record.
Let a reminder be sent to the Chief Judicial Magistrate Ghaziabad for submission of a report in pursuance to the order dated 14.7.2017 as passed by this Court.
List in the third week of January 2018."
After perusing the aforesaid order, this Court was pleased to pass order dated 29.01.2018 as under:-
"Despite the list having been revised, no one appears for the revisionist. Learned A.G.A. is present for the State.
In pursuance to the order dated 14.7.2017 a letter dated 25.8.2017 was sent by the Chief Judicial Magistrate, Hardoi to Chief Judicial Magistrate, Ghaziabad for providing the papers pertaining to the sureties of the revisionist. In pursuance thereof a letter dated 30.8.2017 sent by the Chief Judicial Magistrate, Ghaziabad to the Chief Judicial Magistrate, Hardoi is on the record which indicates that the Chief Judicial Magistrate, Ghaziabad has indicated that because the both the Trial Court judgment dated 4.11.1999 and the appellate Court judgment dated 8.9.2003 have been passed from Hardoi, as such even the sureties also belong to district Hardoi.
In such circumstances particularly when the Chief Judicial Magistrate, Hardoi and Chief Judicial Magistrate, Ghaziabad are shifting the burden upon each other pertaining to the sureties, let a report be submitted by the Chief Judicial Magistrate, Hardoi pertaining to the details of the two sureties given by the revisionist in pursuance to the order dated 11.11.2003 as passed by this Court.
List after four weeks."
After perusing the aforesaid order, this Court was pleased to pass order dated 06.08.2018 as under:-
"Order sheet reveals that in compliance of the order dated 29.1.2018, the report from CJM Hardoi has been called for and the same is still awaited.
Therefore, list again in the week commencing 20.8.2018.
On the next date of listing, the CJM Hardoi is directed to submit its report in compliance of the order dated 29.1.2018.
Office to proceed accordingly."
Substantial period has lapsed with effect from 22.12.2017 but no report has been filed by the Chief Judicial Magistrate, Ghaziabad and by the Chief Judicial Magistrate, Hardoi, however vide order dated 29.01.2018, this Court was pleased to direct the Chief Judicial Magistrate, Hardoi to file a specific report within a period of four weeks, but no report has been filed by the aforesaid authority. On 06.08.2018, another opportunity was given to the Chief Judicial Magistrate, Hardoi to submit report.
This Court considers that this a lapse on the part of the Chief Judicial Magistrate, Hardoi for not sending report despite the specific order being passed by this Court on 29.01.2018 and also lapse on the part of the Chief Judicial Magistrate, Ghaziabad for not sending the report to this Court in compliance of the order dated 22.12.2017.
Let both the officers be apprised about the order of this Court and specific explanation be sought from them as to why the orders of this Court are not being taken seriously. Atleast some explanation must have been filed by the aforesaid authorities indicating the reasons as to what was the difficulty in sending the report, but orders of this Court should not be taken so lightly.
This Court deprecates the aforesaid lapse on the part of the aforesaid Judicial authorities.
List this case on 05.10.2018.
Senior Registrar of this Court shall intimate this order of the Court to the aforesaid authorities within a period of three days and shall seek explanation from them as to why the orders of this Court have not been complied with.
Order Date :- 14.9.2018
Suresh/
[Rajesh Singh Chauhan,J.]
