VIDYA Vs. KUSUM

JUDGEMENT

(1.) Petitioner, who is complainant in C.C.No.1755/2016 on the file of the II-JMFC, Hubli, is seeking writ of mandamus to direct the said Court to issue show cause notice to the District Magistrate, Varanasi, Uttar Pradesh as to why the attachment warrant of respondent's property is not executed.

(2.) It is the case of the petitioner that she filed a complaint against respondents alleging offences punishable under Sec. 143, 144, 145, 147, 148, 323, 498-A, 504, 506 read with sec. 149 IPC and sec. 3 and 4 of the D.P. Act. It was referred to the jurisdictional police for investigation and after investigation, charge sheet came to be filed against them in C.C.No.1755/2016. However, in collusion with the accused persons, the police are not executing the warrant. Consequently the trial Court has cancelled the bail and forfeited the bail bonds and surety bonds. It has also issued proclamation against the accused. Even after issue of proclamation, when the accused failed to appear, the Trial Court has also issued attachment warrant. Even though the District Magistrate Varanasi, Uttar Pradesh, has received the attachment warrant, he has not taken any steps to execute the same. Therefore, complainant requested the trail Court to issue show cause notice to the District Magistrate as to why the order of the Court is not executed. However the Trial Court is hesitating to issue the show cause notice, as a result of which, there is no progress in the case.

(3.) Learned HCGP takes notice for respondent No.6-state.