When the offenders if influential are not produced before the court for trial by the police on flimsy ground.


When the offenders if influential are not produced before the court for trial by the police on flimsy ground.

Mahesh Pratap Singh Yogi M P Singh yogimpsingh@gmail.com

9:22 PM (0 minutes ago)

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When the offenders if influential are not produced before the court for trial by the police on flimsy ground even after repeated direction of court in the serious case of Gang rape and overdose of drugs to victim ,then how a poor and downtrodden can get justice in this country who have no money to spend on lengthy proceedings of the court.
With due respect your applicant wants to draw the kind attention of Hon’ble Sir to the following submissions as follows-
1-It is submitted before the Hon’ble Sir that
This Court has issued various directions on 4.4.2013, 16.4.2013, 20.5.2013 etc. but till date the accused respondent no.4 is still roaming freely and has not submitted himself for trial. On earlier occasion, the Senior Superintendent of Police of the district had assured the court in person for execution of the warrants but that also remained unfulfilled assurance on paper. Later on, affidavits have been filed on behalf of the State stating that they are making their best effort to apprehend the respondent no.4 and secure his presence before the Court but it appears that the exercise is merely paper work. 
The Court is left with no other option but to summon the highest of the police department to ensure the execution of the non-bailable warrants and to secure the presence of the accused respondent no.4 before the Court. 
2-It is submitted before the Hon’ble Sir that ipsofacto obvious that trial court  failed to subject the influential victim for trial before it because police misled the court on flimsy ground and judicial member didn’t apply its power as judge of trial court. Hon’ble High court has to comment that it seems that exercise is merely paper work. Here this question arises that whether such evil practice would ever stop.
3-It is submitted before the Hon’ble Sir that
Accordingly, the Principal Secretary (Home), Director General of Police, U.P. and Senior Superintendent of Police, Budaun shall either ensure execution of the non-bailable warrants and custody of the respondent no.4 and his production before the trial court before the next date fixed or else all the three officials would appear in person along with their respective affidavits of explanation. In case, non-bailable warrants are executed and the accused respondent no.4 is apprehended and produced before the trial court, the said three officials need not appear in person but cause an affidavit to be filed through Station Officer, Police Station Bilsi, district Budaun informing the Court about the action and the details of the execution as aforesaid. 
Let three copies of this order be given to learned A.G.A. within forty eight hours for information to the aforesaid three officials. 
List on 29.4.2014. 
Order Date :- 25.3.2014 
4-It is submitted before the Hon’ble Sir that undoubtedly the order of High court is excellent but whether the credibility of lower court is not going down . Whether it is justified that in order to seek justice ,a justice seeker may file multiple writs in the court and if not capable then leave the expectation to seek the justice.
5-It is submitted before the Hon’ble Sir that
The right to justice is a fundamental right of any human being.  If this is denied to any person, then there is something seriously wrong with the system of justice.  The denial can be in form of inaccessible system  where the laws, rules and regulations are all there but there are barriers and obstacles all the way.  Persons with intellectual disabilities are quite used to such barriers and obstacles.
This is humble request of your applicant that at least transparency and accountability may be ensured in the system so that a common man may seek the justice . For this your applicant shall ever pray you Hon’ble Sir. Hon’ble Sir your applicant is itself a victim of high handedness and tyranny of public functionaries since long time so feel troublesome with the miseries of people. 
                                                            Yours sincerely
                                                           Yogi M. P. Singh 
Moh-Surekapuram ,Jabalpur Road ,Dist-Mirzapur (U.P.) India .

2 comments on When the offenders if influential are not produced before the court for trial by the police on flimsy ground.

  1. This Court has issued various directions on 4.4.2013, 16.4.2013, 20.5.2013 etc. but till date the accused respondent no.4 is still roaming freely and has not submitted himself for trial. On earlier occasion, the Senior Superintendent of Police of the district had assured the court in person for execution of the warrants but that also remained unfulfilled assurance on paper. Later on, affidavits have been filed on behalf of the State stating that they are making their best effort to apprehend the respondent no.4 and secure his presence before the Court but it appears that the exercise is merely paper work.
    The Court is left with no other option but to summon the highest of the police department to ensure the execution of the non-bailable warrants and to secure the presence of the accused respondent no.4 before the Court.

  2. The order of High court is praiseworthy. Here both police and lower judiciary exposed. There is need of overhauling of the system. This Court has issued various directions on 4.4.2013, 16.4.2013, 20.5.2013 etc. but till date the accused respondent no.4 is still roaming freely and has not submitted himself for trial. High court quote that it appears mere paper work.

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