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16. On 04.04.2014, two supplementary counter affidavits were filed by the Investigation Officer of Nawadah Town Police Station Case No. 112 of 2013. From the materials available before the Court, it transpired that the SIT claimed to have discovered that the petitioner‟s said abducted son, Vijay Krishna, had been put to death by the accused persons named in the First Information Report including accused Amresh Kumar. Annexure-H to the counter affidavit had the copy of the warrant of arrest issued by the learned Chief Judicial Magistrate, Nawadah, against accused Amresh Kumar. Annexure-I disclosed that the warrant of arrest issued against Amresh Kumar by the learned Chief Judicial Magistrate, Nawadah, had been brought to the notice of the Major Battery Commander, 3323/332, Medium Range, inasmuch as the Major Battery Commander, 3323/332, Medium Range, had written letter, dated 26.03.2014, addressed to the Superintendent of Police, Nawadah, stating therein that the police officers of Nawadah Town Police Station had come to the Army Unit, on 26.03.2014, with a warrant of arrest, but it had already been clarified that accused Amresh Kumar was on duty since 31st of December, 2012 (Forenoon), when he rejoined the Unit on expiry of his 30 (thirty) days of casual leave with effect from 01st of December, 2012, to 30th of December, 2012.

27. Situated thus, the Court observed, in its order, dated 15.07.2014, that if the Court was prima facie satisfied that Abhimanyu Singh, Major Battery Commander, 332 Medium Regiment (respondent No.12) and the Commanding Officer, 332, Medium Regiment, C/O 56 APO (respondent No. 13), had committed Contempt of this Court by willfully disobeying the directions passed, on various dates, in this case and that it (Court) is also of the view, albeit tentatively, that Abhimanyu Singh, Major Battery Commander, 332 Medium Regiment (respondent No.12) and the Commanding Officer, 332, Medium Regiment C/O 56 APO (respondent No. 13), are required to be proceeded against for commission of offences under the Indian Penal Code by letting accused Amresh Kumar go away ignoring the warrant of arrest issued against him.

29. For an effective decision of the present matter, the Court, on 15.07.2014, directed personal appearance not only of Abhimanyu Singh, Major Battery Commander, 332 Medium Regiment (respondent No.12), but also of the Commanding Officer, 332, Medium Regiment, C/O 56 APO (respondent No. 13), and fixed the case, for further orders, on 31st of July, 2014, making it clear that on the appointed day, Abhimanyu Singh, Major Battery Commander, 332 Medium Regiment (respondent No.12), and the Commanding Officer, 332, Medium Regiment, C/O 56 APO (respondent No. 13), shall appear, in person, and also present their reply, if any, to the notices, which had been directed to be issued to them.

(d) This apart, while the warrant of arrest issued against accused Amresh Kumar was still pending for execution, respondent Nos.12 and 13, namely, Major Battery Commander, 332 Medium Regiment, C/O 56 APO, and the Commanding Officer 332, Medium Regiment, C/O 56 APO, respectively, allowed accused Amresh Kumar to avail leave on the basis of the fact that leave had already been granted, though respondent Nos.12 and 13, namely, Major Battery Commander, 332 Medium Regiment, C/O 56 APO, and the Commanding Officer 332, Medium Regiment, C/O 56 APO, respectively, were well aware of the fact that a warrant of arrest was still pending, for execution, against accused Amresh Kumar. When the Court reiterated its direction that accused Amresh Kumar be handed over by respondent Nos.12 and 13, namely, Major Battery Commander, 332 Medium Regiment, C/O 56 APO, and the Commanding Officer 332, Medium Regiment, C/O 56 APO, respectively, to the Officer-in-Charge, Nawadah Town Police Station, respondent Nos.12 and 13, namely, Major Battery Commander, 332 Medium Regiment, C/O 56 APO, and the Commanding Officer 332, Medium Regiment, C/O 56 APO, respectively, informed this Court that accused Amresh Kumar had become untraceable.