The Allahabad High Court on Saturday directed a Meerut Senior Superintendent of Police (SSP) to stand in court for the entire duration of a hearing because he failed to produce a person as ordered by the court.
The court further instructed him to exercise greater care in the future.
Additionally, the court instructed the administrative judge in Meerut to take action against the Chief Judicial Magistrate (CJM) in Meerut.
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"It is also surprising that the CJM, Meerut, despite knowledge of the order of this court and knowing the fact that a non-bailable warrant has been issued by the High Court for producing opposite party no. 2 before this court, sent him to judicial custody without any direction to produce him before this court. This fact shows sheer negligence and indiscipline on the part of CJM, Meerut," the court noted.
The order was passed by Justice Arun Kumar Singh Deshwal while hearing a bail cancellation application filed by the survivor in a rape case.
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During the proceedings, the SSP informed the court that the accused could not be produced earlier because the CJM had taken the opposite party no. 2 into judicial custody after his subordinate had produced him before the CJM in accordance with the warrant.
However, while issuing the order against the SSP to remain in court, the judge emphasised that the SSP was responsible for executing the non-bailable warrant. Therefore, it was his duty to ensure that the accused was present before the court.
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The present bail cancellation application was moved on the ground that the applicant opposite party was granted bail on the condition that he would marry the survivor, but he failed to fulfil this obligation. Consequently, the court had issued a non-bailable warrant for his production.
On Saturday, the accused appeared before the court but refused to marry the survivor. As a result, the court cancelled his bail, which had previously been granted based on his commitment to marry her.