IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Appeal No. 791-DBA of 1997
Date of Decision: July 15, 2008
State of Punjab
...Appellant
Versus
Dhira Singh
... Respondent
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL,
HON'BLE MR. JUSTICE S.D. ANAND.
Present : Mr. D.S. Brar, Deputy Advocate General, Punjab,
for the appellant.
S.D. Anand, J.
In this matter preferred by the State of Punjab, leave to
appeal was granted as early as on 21.11.1997 by a Co-ordinate
Bench of this Court which also directed the issuance of bailable
warrants against the respondent-accused. All along, it has not been
possible to get the warrants executed. After noticing the inordinate
delay in the execution of the process, this Court ordered on
09.05.2008 that the non-bailable warrants for the production of the
respondent -accused shall be issued through C.J.M., Patiala, and
shall be got executed through SSP, Patiala. It was also ordered that
in case of non-execution of the warrants, SSP, Patiala, will file his
Crl. Appeal No. 791-DBA of 1997 2
own affidavit about the circumstances touching the non-execution of
the warrants against the respondent.
The non-bailable warrants issued against the respondent-
accused have been received unserved with a report that he is not
available at the given address and that his whereabouts are not
available. The SSP, Patiala, has filed his affidavit in terms of the
order dated 09.05.2008 of this Court. We find, on a perusal thereof,
that the averments are not reflective of any serious consideration
having been paid in the matter of taking of steps for ensuring the
execution of the process issued in the context. It is the exclusive
responsibility of the police to execute the process issued by a Court
of law. In view of that plenary responsibility, it is neither here nor
there for the SSP, Patiala, to aver (in the course of the affidavit) that
the process could not be executed for want of complete particulars.
Be that as it may, the State plea for reversal of the impugned finding
of acquittal cannot be taken up for consideration in the absence of
the respondent – accused. The scenario presented by the attending
facts is dismal in its relatability to the efficacy of the police to execute
the process issued by the Court of law.
The appeal is, accordingly, dismissed for non-
prosecution.
( S.D. Anand )
Judge
July 15, 2008 ( Adarsh Kumar Goel )
vkd Judge