Prayagraj, 30 November (Hindustan Reporter). Allahabad High Court has directed SSP Ayodhya to explain the reason for not serving the summons and non-bailable warrant issued by the Magistrate Court to the accused in a check bounce case even after sending letters several times.
Justice Arun Kumar Singh Deshwal has given this order on the petition of Vimal Chandra Dwivedi. The court said that it is clear from the facts of the petition that due to negligence in serving the non-bailable warrant against the accused by SSP Ayodhya and the police there, the trial of the complaint pending in the court of Additional Chief Judicial Magistrate Prayagraj could not be started. Therefore, SSP Ayodhya should file a personal affidavit and explain why the non-bailable warrant issued against the accused from the concerned court was not executed despite repeated letters sent to him. The court also said that if SSP Ayodhya does not file a personal affidavit, he can be personally summoned.
In the petition filed under Section 482 of CrPC, in the ACJM Court (Room No. 9) of Prayagraj, a demand was made to direct the speedy disposal of the check bounce complaint of Sarai Inayat police station, Vimal Chandra Dwivedi vs. Hausla Prasad Shukla. It has been said in the complaint that the Magistrate Court issued summons to the accused resident of Ayodhya on February 5, 2021 and non-bailable warrant on November 26, 2021. After that, again on 29 November 2022, non-bailable warrant was issued for serving through SSP Ayodhya.
Subsequently, the Magistrate Court mentioned in its order dated May 6, 2023 that despite repeated issuance of non-bailable warrants, the police were not ensuring the presence of the accused and the warrants were not even returned by the concerned police station. After this, again the non-bailable warrant was sent to SSP Ayodhya but Ayodhya police did not take any action.
