Madhya Pradesh High Court
State Of M.P. vs Kalu @ Veerbahadur Thapa on 18 March, 2016
CRA-125-2011
( STATE OF M.P. Vs KALU @ VEERBAHADUR THAPA)
18-03-2016
Shri Prabal Pratap Solanki, learned Government Advocate for the
appellant/ State.
Shri RK Bohare, learned counsel for the respondent No.2.
In view of listing the matter, IA 2292/2016, an application for hearing of this appeal does not require any further consideration. Hence, the same is disposed of accordingly.
So far as IA No. 7985/2015, an application on behalf of respondent No.2 for condoning his non-appearance in the Registry of this Court on 05/08/2015 is concerned, firstly in view of execution of non-bailable warrant against such respondent, this IA could not be considered for any purpose. In case, the same is taken up for consideration on merits, then in the application there is no cause mentioned for non-appearance of respondent No.2 before the Court on various occasions before the aforesaid date 05/08/2015. After perusing the record of this appeal it appears that the application has not been drafted. Hence, the IA is hereby dismissed, by extending a liberty to the respondent No.2 to file an appropriate application under Section 390 of CrPC for grant of bail. On filing of such application on behalf of the respondent No.2, case be listed immediately within three days from the date of filing the same, before the Bench.
Under execution of non-bailable warrant issued against the respondent No.2 in compliance of the order dated 07/12/2015, the respondent No.2 Vivek is produced by police squad headed by Police Constable No.966, Narendra Singh posted at police station Kampoo, Gwalior with Home- guard Sipai, Bhujbal Kewat, from such police station. It is very unfortunate that neither the executing officer of non-bailable warrant nor the SHO of concerning Police Station or any officer below rank of Head Constable of Police Station is present. It shows gross negligence on the part of the SHO of concerning Police Station in sending the accused only in the custody of Constable and Home-guard Sipai.
Let a show-cause notice, returnable by fixing a date 05/04/2016 be issued to the SHO of Police Station Kampoo, asking him why appropriate proceedings for committing the contempt of this Court should not be initiated against him. He be directed to file reply in this regard in writing on or before 05/04/2016. He be also directed to remain present before the Court in person on such date.
After taking presence of aforesaid respondent No.2 Vivek on record, he is directed to be sent back with the same police squad to the Central Jail, Gwalior with a direction that he should not be released unless direction of this Court in the present matter.
(U.C. MAHESHWARI) (SUSHIL KUMAR GUPTA)
JUDGE JUDGE