Allahabad High Court High Court

Durgesh vs State Of U.P. on 28 July, 2010

Allahabad High Court
Durgesh vs State Of U.P. on 28 July, 2010
Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16089 of 2009

Petitioner :- Durgesh
Respondent :- State Of U.P.
Petitioner Counsel :- M.C. Tiwari,H.L.Pandey,Kiran Tiwari
Respondent Counsel :- Govt. Advocate

Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned A.G.A. and
perused the record.

On 19.7.2010 the direction was issued to Station House Officer to
appear in person and file reply and further show cause regarding
the delay in filing the reply. The direction was also to
S.S.P./D.I.G., Agra to file affidavit to show cause why step was
not taken to ensure the compliance of the order dated 27.2.2010
and 12.7.2010. Counter affidavit has been filed by Mr. Anil Pratap
Singh Station House Officer, P.S. Malpura, District Agra, who is
also present in court. Dy Superintendent of Police (C.O. Achnera),
District Agra is also present in Court and has filed affidavit on
behalf of S.S.P./D.I.G. Agra. The direction was for S.S.P. to file
affidavit, hence there is no compliance of the order. Copy of the
recovery memo as well as the detailed reply has not been filed
with regard to criminal history.

Regarding the criminal history learned A.G.A. prays for and is
allowed further time to file supplementary counter affidavit.

List on 10.8.2010 before appropriate Court. On that date the
S.S.P./D.I.G., Agra will file his personal affidavit. Learned A.G.A.
will also file supplementary counter affidavit.

Let a copy of this order be supplied to Mr. Patanjali Mishra,
learned A.G.A., prefrerably within 24 hours, for follow up action.

Order Date :- 28.7.2010
S.A.A.Rizvi