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2025 DAILYLAW 7180 (ALL)

SMT. NAMITA PATEL v. STATE OF U.P. AND ANOTHER

A482/1218/2025 · 2025-09-10

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 1218 of 2025 Court No. - 68 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Manish Kr. Singh, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been filed to direct the Civil Judge (J.D.- 21), Allahabad to decide the Criminal Case No. 926 of 2017 (State vs. Satish Kumar), under Secitons 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mutthiganj, District Prayagraj. 3. This matter was heard on 28.4.2025 and on that date this Court directed the Commissioner of Police, Prayagraj to file his personal affidavit explaining the reason as to why the N.B.W., issued to opposite party No.2, had not been executed despite receiving letters dated 12.4.2023 and 21.5.2023 issued by learned Magistrate. 4. In pursuance of the said order, the Commissioner of Police filed his personal affidavit dated 7.5.2025, mentioning therein that till date neither any warrant was sent by the concerned court to any police station at Prayagraj nor any letter of the court concerned was received, therefore, this Court by order dated 8.5.2025 directed the District Judge, Prayagraj to submit a report whether any N.B.W. as well as letters dated 12.4.2023 and 21.5.2023 issued by the concerned Magistrate was sent to the Commissioner of Police or at any police station. 5. In compliance of the order dated 8.5.2025, the District Judge, Prayagraj Versus Counsel for Applicant(s) : Manish Kumar Singh, Rupesh Singh Parihar Counsel for Opposite Party(s) : Alok Singh, G.A. Smt. Namita Patel .....Applicant(s) State of U.P. and Another .....Opposite Party(s) submitted his report dated 16.5.2025, mentioning therein that neither any letter nor any N.B.W. had been issued to any police station under the Police Commissionerate, Prayagraj. It is further mentioned that N.B.W., issued against the accused Satish Kumar Patel, was sent to the S.O. at P.S. Karvi, Chitrakoot. 6. It is informed by learned counsel for the applicant that the accused Satish Kr. Patel was arrested and produced before the court below by the police and subsequently he was released on bail and charges were also framed against him. 7. Considering the aforesaid facts and circumstances as well as the report of the District Judge, it is clear that the concerned Magistrate, who had issued letters dated 12.4.2023 and 21.5.2023, was negligent in supervising whether the letters were dispatched to the Commissioner of Police or not and also there is negligence on the part of the staff of the concerned Magistrate. 8. In view of the above, District Judge, Prayagraj is directed to conduct an enquiry against the staff who were negligent in dispatching the letters dated 12.4.2023 and 21.5.2023 issued by the concerned Magistrate. 9. As the accused Satish Kr. Patel has already surrendered before the court below and charges have been framed against him and considering the fact that trial in question has been pending since 2017, the application is disposed of with a direction to the Civil Judge (J.D.), 21, Prayagraj or other concerned court where this case is pending to decide Criminal Case No. 926 of 2017 (State vs. Satish Kumar), under Secitons 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mutthiganj, District Prayagraj, expeditiously preferably within a period of one year. 10. Registrar (Compliance) is directed to communicate this order to the District Judge, Allahabad for compliance. September 11, 2025 Vandana A482 No. 1218 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad