Madhya Pradesh High Court
State Of M.P. vs Ansar @ Ajjan Khan on 30 June, 2015
1
Cr.A.No.384/2014
30-06-2015
Shri B.K. Sharma, learned Government counsel for
the appellant.
None for the respondent.
In compliance of the order dated 11.05.2015 Shri Yogendra Singh Jadon, Inspector (Police) posted at Police Station Civil Line, Morena is present in person. He submits that non-bailable-warrant issued against the respondent in compliance of the earlier direction could not be served for want of appropriate name of father of the warrantee, however, he fairly submits that due to some situation of the Police Station, such report could not be sent to this Court before the day which was mentioned on the warrant. In continuation, he apprised that he has also filed his explanation in this regard in the Registry, such explanation is not placed before us, hence copy of same referred by State counsel is taken up. Reader is directed to call the aforesaid papers and keep with the record during course of the day.
Having perused the aforesaid explanation in writing along with aforesaid submission of police officer, we are satisfied that for want of appropriate name of father of the respondent on the warrant, same could not be executed.
However, considering the other part of explanation, said Police Officer is directed not to commit such mistake in future in sending the service report of warrant to this Court 2 Cr.A.No.384/2014 as such whenever warrant of Court is received with some fixed date such report be sent positively before such date to the concerned Court including this Court.
With the aforesaid direction, aforesaid police officer is hereby discharged with the direction that his presence is not required in future. At the request of State counsel I.A.No.5524/2015 is taken under consideration, same is the application for amendment in the cause title of appeal memo according to which State counsel wants to place name of Ajjan Khan as father of respondent at the place of Kalla @ Kallan Khan. By allowing the I.A., State counsel is directed to carry out necessary amendment in the appeal memo during the course of the day. With the permission of the Court same is carried out in the Court itself and same is certified. Let presence of respondent be secured before this Court by fixing a date in the month of September, 2015 through fresh non-bailable-warrant mentioning the aforesaid modified name of father of respondent.
(U.C.Maheshwari) (B.D. Rathi)
Judge Judge
Anil*