The Allahabad High Court has observed that under the Police Act, it is the duty of the police to serve warrants. The police authority cannot make a statement before the Court that accused-persons are not traceable. It is the duty of the police to find out the accused-persons where they are in India and produce them before the Court concerned.
A Single Bench of Justice Vikram D. Chauhan heard the petition filed by Smt Vidya Singh.
The Court noted that,
On 10.4.2024, the following order was passed:
“(1) Counsel for the applicant submitted that in the case, accused-persons are not appearing before the court concerned and non bailable warrant and proceedings under Sections 82 & 83 Cr.P.C have been issued, however, police authorities are not executing the same and are not ensuring the appearance of accused-persons.
(2) AGA prays for and is granted 10 days’ time to obtain instruction as to why accused-persons are not being produced before the court concerned in pursuance to non bailable warrant and proceedings under Sections 82 & 83 CrPC.
(3) List this case on 30.4.2024 as fresh.”
AGA was granted time to obtain instruction further on 30.4.2024.
On May 23, AGA on instruction submitted that police has visited the house of accused-persons, however, they were not found there.
The Court observed that,
Perusal of the order sheet of the court concerned would demonstrate that a bailable warrant was issued on 8.12.2021. It is very strange that the police have not been able to find out the accused-persons for the last three years. Under the Police Act, it is the duty of the police to serve warrants. Non service of warrant, shows that police are not interested in serving warrant. Such a situation cannot be permitted to continue. The police authority cannot make a statement before the Court that accused-persons are not traceable. It is the duty of the police to find out the accused-persons where they are in India and produce them before the Court concerned.
The Court was issuing notice to the Director General of Police for conduct of police department, Bhadohi, however, at the instance of the AGA, the Court is not proceeding at this stage, as AGA has assured that he will talk to Superintendent of Police, Bhadohi in the matter and step be taken for arrest of accused immediately.
On the next date, the Court directed the Superintendent of Police, Bhadohi to file his personal affidavit.