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Neutral Citation No. - 2025:AHC:60705 Court No. - 75 Case :- APPLICATION U/S 482 No. - 41827 of 2024 Applicant :- Smt. Jyanti Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Kamar Shah Alam Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Personal affidavit filed by Sri Sanjeev Suman, Senior Superintendent of Police, Aligarh is taken on record. 2. Heard Mohd. Kamar Shah Alam, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State. 3. The present application has been filed to direct the learned Court of Chief Judicial Magistrate, Aligarh to decide Case No. 4085 of 2020 (State of U.P. vs. Dheeraj Verma) arising out of Case Crime No. 297 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station-Bannadevi, District Aligarh pending before him within the time stipulated. 4. This Court considering the fact that despite issuance of non- bailable warrant against accused Dheeraj Verma, his presence could not be ensured because of the laxity on the part of the police department directed vide order dated 19.03.2025 to the Senior Superintendent of Police, Aligarh to file his personal affidavit mentioning the reason why the non-bailable warrant issued by the court below has not been executed with further direction to show cause as to why for their negligence, a direction may not be issued to D.G.P. to conduct inquiry against them in the light of D.G.P.'s circular dated 09.12.2024. In compliance of order dated 19.03.2025, Sri Sanjeev Suman, Senior Superintendent of Police, Aligarh has filed his personal affidavit mentioning therein that he has joined the post of Senior Superintendent of Police, Aligarh on 06.01.2024 and after receiving the copy of this order, he immediately inspected the records of the proceedings and it was found that the earlier warrants were issued to the Senior Superintendent of Police, Firozabad as well as the Senior Superintendent of Police, Lucknow/Commissioner of Police, Lucknow and non-bailable warrants issued against the accused Dheeraj Verma has been received at Police Station Banna Devi,
District Aligarh on 05.04.2025 and immediately executed the same by arresting him and at present the accused Dheeraj Verma is in jail. In his affidavit, he also ensured that he will remain vigilant in future regarding execution of process of the court. 5.
From perusal of the order sheet, it appears that the averments of the Senior Superintendent of Police, Aligarh that non-bailable warrants issued against the accused Dheeraj Verma has been received on 05.04.2025 appears to be incorrect because order sheet itself shows that the letter dated 22.08.2024 has been sent by the concerned Magistrate to the Senior Superintendent of Police, Aligarh, however, considering the fact that the accused has already been arrested, this Court is not passing any adverse order against the present Senior Superintendent of Police, Aligarh. However, this Court warns him that in future, he will remain cautious regarding the execution of process of the court and he is also
directed that before filing affidavit, he should personally verify the record instead of depending on his subordinates regarding receiving of any letter/process issued by any court. 6. Considering the fact that the accused has been arrested, therefore, this court directs the court below to decide/conclude the trial of Case No. 4085 of 2020 (State of U.P. vs. Dheeraj Verma) arising out of Case Crime No. 297 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station- Bannadevi, District Aligarh, as expeditiously as possible, without giving any unnecessary adjournment to any of the party. 7. This Court is also like to observe that from perusal of the order sheet, it appears that the order sheet from 23.04.2024, the Case No. 4085 of 2020 is been written in illegible writing, though this Court passed an order in Application U/s 482 No. 32490 of 2023 (Chetan Kumar Gupta @ Rohit vs. State of U.P.) that all the District Judges as well as other Sub-ordinate Judges, while writing the order sheet, they must ensure that it should be legible or typed, as it causes inconvenience to the High Court in reading the same. By the order dated 09.10.2023 passed in Application U/s 482 No. 32490 of 2023 a direction was also issued to Registrar General to circulate the copy of the same to all the District Judges and other Sub- ordinate Courts. In compliance of that order, the Registrar General vide Circular C.L. No. 01/Admin. 'G-II': Allahabad Dated 18/01/2024 has circulated the order to all the District Judges and other Sub-ordinate Courts to apprise all the Judicial Officers to maintain the order sheet in legible writing or get it typed. Even then, this Court found from perusal of the order sheet of this case that the Chief Judicial Magistrate, Aligarh is very negligent in
maintaining the order sheet despite specific order of this Court dated 09.10.2023. 8. In such circumstances, the Registrar General is directed to seek explanation from the concerned Chief Judicial Magistrate, Aligarh, who remained posted subsequent issuance of Circular dated 18.01.2024 of Registrar General, High Court, for not maintaining the order sheet in legible language despite a direction dated 09.10.2023 passed in Application U/s 482 No. 32490 of 2023 and may proceed accordingly. 9. With the aforesaid direction, the present application is disposed of. 10.
Registrar (Compliance) is directed to send a copy of this
order to Registrar General of Allahabad High Court for necessary compliance.
Order Date :- 22.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad