Criminal Appeal No.159-SB of 1998 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No.159-SB of 1998
Date of decision : 16.9.2008
Bhunda Ram .....Appellant
Versus
State of Haryana ...Respondent
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: None for the appellant
Mr. S.S.Mor, Senior Deputy Advocate General, Haryana
for respondent -State.
S. D. ANAND, J.
This matter came to be listed, for the first time, before this
Bench on 9.9.2008. It was noticed that a number of attempts had
been made but the police had not been able to effect the service
upon the appellant. The perusal of the file indicated that issuance of
coercive process against the appellant was occasioned on account
of fact that the learned counsel, through whom the appeal had been
filed, had joined service and is no longer practising. Learned
counsel had not made any alternative arrangement for the conduct of
the appeal.
It was further noticed that the coercive process could not
be executed in spite of it having been directed through SSP, Karnal.
It was under the above circumstances, that this Court
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ordered on 9.9.2008 that coercive process shall be issued afresh
against the appellant; that the process shall be executed by Police
Officer not below the rank of a DSP and that in case of non-
execution, S.P., Karnal shall attend the Court in person.
The process has not been executed with a report that
respondent/accused is not living at that address. The report has
been made by a police official of the rank of an ASI.
Shri A.S.Chawla, Superintendent of Police, Karnal has
appeared in person.
The Superintendent of Police states that he is not in a
position to explain why the execution of the process came to be
entrusted to a police official of the rank of an ASI inspite of the
orders of this Court that the process shall be executed by a police
officer not below the rank of DSP. He further states that this case
did not come to his pointed notice. He informs that on being
presently notified of the fact that this Criminal Appeal of the year
1998 is hanging fire for want of service upon the appellant, he
informally ascertained fact and was told that appellant had not even
attended the Bhog ceremony of his father. He concedes that it did
not come to be noticed by any police official in the various reports
made on the process issued by the Registry from time to time. He,
however, assures that a more concerted efforts would be made to
ensure the effecting of service upon the appellant. He concedes
that police is the only agency which has to execute the processes
issued by a Court of law.
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The Court accepts the assurance held out by the Officer.
It is ordered in the light thereof that he need not appear again before
this court. However, he would honour his commitment to the Court
to ensure that concerted efforts are made to effect the service upon
appellant.
Issue nonbailable warrants afresh.
The Chief Judicial Magistrate, Karnal shall record a
pointed endorsement upon the process that it shall be executed by
police official not below the rank of DSP.
Adjourned to 22.10.2008.
September 16, 2008 (S. D. ANAND) Pka JUDGE