Court No.

- 64

Case :- APPLICATION U/S 482 No. - 8876 of 2023

Applicant :- Smt. Deepika Nishad

Opposite Party :- State Of U.P. And 6 Others
Counsel for Applicant :- Mohd. Kalim,Sabihul Akhlaq Ansari
Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

Perused the report dated 21.04.2023 in compliance with our order

dated 17.04.2023 submitted by the Judicial Magistrate, Court No.
4, Allahabad. It shows that the bailable warrants were served upon
the accused Shankar Lal, Dani Lal and Usha Devi. Despite service
of the bailable warrants, these three accused have not appeared
before the learned Magistrate. As such, the learned Magistrate has
issued non-bailable warrants against rest of the accused that is to
say, Seema, Mamta and Reena, earlier summoned through
summons. The Magistrate has now written a letter to the
Commissioner of Police, Prayagraj for service of processes.

The Magistrate must not write letters to the Commissioner of

Police or to any Executive Officer. If at all that is necessary the
orders of the Court by the Magistrate or any other Court, should be
communicated by an administrative or Ministerial Officer of the
Court to the Police or other authority required to carry it out. The
learned District Judge, Allahabad will take note of it and stop the
practice of Judicial Officers sitting as Courts of law, writing demi-
official letters or memoranda to the Police Officials or other
Executive Officials. It could be apposite for the learned District
Judge to consider setting up an agency or a Nodal Officer in the
Judgeship, who may communicate the orders of every Judge to the
authorities concerned, through a letter of his/her. The
 Commissioner of Police, Prayagraj shall ensure that all the
absenting accused against whom warrants of arrest have been
issued are arrested and produced before the Magistrate on the date
fixed. Now, if there is any laxity in the matter, this Court would be
compelled to summon the officials concerned for the lapse and
pass appropriate orders to enforce the process of the Court.
The learned Judicial Magistrate shall submit a further report about
the status of the case on or before 08.05.2023.

List on 08.05.2023.

Let a copy of this order be communicated to the Judicial

Magistrate, Court No. 4, Allahabad through the learned Sessions
Judge, Allahabad and the Commissioner of Police, Prayagraj by
the Registrar (Compliance) within next 48 hours.
Order Date :- 25.4.2023
Prashant D.

Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad