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Ajay Kumar v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 10157 of 2005 [2005] RD-AH 3648 (29 September 2005)


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Hon'ble R.C.Deepak, J.

Heard learned counsel for the petitioner, learned Addl. Government Advocate for the State and perused the record.  

It is contended by the learned counsel for the petitioner that relying upon the police reports dated 27.4.2005 and 28.4.2005, the magistrate concerned initiated the proceeding under Sections 145 and 146(1) Cr.P.C. The proceeding  is still pending. The S.H.O. Of police station Kotwali, Jaunpur submitted an unwarranted report dated 29.4.2005 which speaks of that there was no apprehension of breach of peace with regard to the property so attached. An objection was filed by the petitioner to summon the officer concerned to explain by which order he as submitted such report, but the order dated 16.9.2005  (Annexure 11) indicates that such police officer has been exempted from his appearance and any such explanation. The further contention is that if the court below is to act upon the report dated 29.4.2005, the presence of the police officer and his explanation with regard to the submission of report dated 29.4.2005 are necessarily required to be considered.

Considering the facts and circumstances of the case, the magistrate concerned is hereby directed to summon the Police Inspector  who has submitted the report dated 29.4.2005 (Annexure 8 to the petition), who shall explain the circumstances or the order under which report dated 29.4.2005 was submitted by him and the magistrate concerned shall proceed with the proceeding after seeking such explanation.

With these observations, the petition stands disposed of.

Dt/- 29.9.2005



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