DHANPAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the repeat bail application which depicts a very sorry state of affairs prevailing in the Police Department of District Ashok Nagar. This bail application has been filed mainly on the ground of delay in trial. The order sheets of the trial Court shows that on 25.09.2018 the summons were issued to various witnesses including B.K. Rai (Ram) and Rohit Dubey who are working as Asstt. Sub Inspector and Sub Inspector respectively. The summons issued to Rohit Dubey was served but he did not appear before the trial Court. Accordingly, by order dated 30.10.2018 the bailable warrant was issued against B.K. Rai (Ram). However, the summons issued to Rohit Dueby was received back unserved. On 3.11.2018 the bailable warrant issued against B.K. Rai (Ram) was received back as served but he did not appear. Accordingly, warrants of arrest were issued against him. On 10.12.2018 the warrants of arrest/bailable were issued against B.K. Rai (Ram) as well as Rohit Dubey. On 20.12.2018 again warrants of arrest were issued against B.K. Rai (Ram) and bailable warrant of arrest was issued against Rohit Dubey. On 16.01.2019 although the bailable warrants of arrest issued against the Sub Inspector Rohit Dubey was served but he did not appear before the trial Court. Similarly, the warrant of arrest issued against ASI B.K. Rai (Ram) has returned back unserved. Accordingly, on 16.01.2019 fresh warrants of arrest were issued against S.I. Rohit Dubey and ASI B.K. Rai (Ram). On 7.2.2019 the warrants were not returned either served or unserved, therefore, the explanation from the concerning S.HO was also sought and fresh warrants of arrest were issued against SI Rohit Dubey and ASI B.K. Rai (Ram). The case was adjourned to 6.3.2019 and on the said date again the warrants of arrest were issued. On 27.03.2019 the warrants of arrest issued against B.K. Rai (Ram) and Rohit Dubey were returned back unserved and the case was adjourned for 24.04.2019. On 24.04.2019 the warrants issued against Rohit Dubey and B.K. Rai (Ram) were returned back with an endorsement "they were not found". Accordingly, the trial Court observed that although both the witnesses are police personnel but the warrants have been returned back on the ground that "they were not found" indicates that the SHO Piprai is deliberately avoiding the service of warrants. Accordingly, the explanation from the SHO of Police Station Piprai was called. Now, the case is fixed for 22.05.2019.

(2.) Considering the conduct of the police authorities in either not executing the warrants or not appearing before the trial Court even after the execution of the summons/bailable warrants, this Court by order dated 13.05.2019 directed the Superintendent of Police, Ashoknagar to remain present before this Court on 14.05.2019 to explain as to whether he is in position to get the warrants of arrest executed against Rohit Dubey and B.K. Rai (Ram) or not because the Police Headquarters has already issued a circular dated 30.03.2019 expressing its disclosure over the non-execution of the warrants by the police department.

(3.) Accordingly, Shri Pankaj Kumawat, S.P. Ashoknagar is present in person. He has filed two compliance reports. In the reply he has specifically admitted that the endorsement that **ryk'k djus ij ugh feyus** was false and accordingly the person who had given the false report to the Court has been punished with the fine of Rs.1000/- whereas Rohit Dubey and B.K. Rai (Ram) have been punished by a fine of Rs.500/- and they have been directed to remain present before the trial Court on 22.05.2019. Later on another compliance report has been filed along with letter dated 14.05.2019. According to which, the Superintendent of Police, Ashoknagar has withdrawn the punishment as imposed on the delinquent officers and has directed the SDO(P) Mungawali to conduct a preliminary enquiry and submit the report within three days.