Gujarat High Court
State Of Gujarat vs Kamlakant @ Bablu Ramashankar on 7 August, 2015
Author: Anant S. Dave
Bench: Anant S. Dave, S.H.Vora
R/CR.A/863/2001 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 863 of 2001
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STATE OF GUJARAT....Appellant(s)
Versus
KAMLAKANT @ BABLU RAMASHANKAR
SHARMA....Opponent(s)/Respondent(s)
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Appearance:
MR HK PATEL ADDL. PUBLIC PROSECUTOR for the Appellant(s) No. 1
NOTICE UNSERVED for the Opponent(s)/Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE S.H.VORA
Date : 07/08/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. On perusal of the office note dated 5.8.2015, it appears that while admitting the appeal registry issued notice on 7.3.2003 and the same has received unserved with a remark that respondent is not residing at the given address and his whereabouts are not know and the bailable warrant is till date not received back either executed or unexecuted on the respondent.
2. As this appeal is of year 2001, we direct appellant- State to find out respondent within a period of 6 months from today, failing to which, this appeal shall stand dismissed.
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R/CR.A/863/2001 ORDER
3. Learned APP is to convey the above order and similar such orders passed in other appeals where State of Gujarat failed to serve process of the Court namely notices/bailable warrant issued upon concerned respondents who were original accused and acquitted by the trial court and against them appeal is filed by State of Gujarat. The above orders are to be brought to the notice of concerned Director General of Police, State of Gujarat for appropriate action at his end so that undue delay in service of process of the Court can be taken care of and henceforth whenever accused is arrested pursuant to commission of crime under any penal provisions of the statute procedure under Chapter V of Code of Criminal Procedure, 1973 especially Sections 41B and 41C be followed.
Chapter V Arrest of Persons "41B. Procedure of arrest and duties of officer making arrest-Every police officer while making an arrest shall-
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be-
(i) attest by at least one witness, who is a member of the family of the person arrest or a respectable member of the locality where the arrest is made;Page 2 of 4
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(ii) countersigned by the person arrest; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
41C. Control room at districts.-(1) The State Government shall establish a police control room-
(a) in every district; and
(b) at State level.
(2) The State Government shall cause to be
displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.
(3) The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged, and maintain a database for the information of the general public."
Complete details about accused availability, current as well as permanent address and addresses of close relatives to be obtained and to be kept on record of the case including any identity card issued by competent authority of the State/Central Government or Election Commission of India with regard to identity of such Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Aug 08 02:14:26 IST 2015 R/CR.A/863/2001 ORDER person.
(ANANT S.DAVE, J.) (S.H.VORA, J.) SMITA Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Aug 08 02:14:26 IST 2015