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Judgment
The petitioner is apprehending his arrest in connection with Barhi P.S.
Case No. 193 of 2016, corresponding to G.R. No. 2210 of 2016 for the offence
under sections 363, 366A, 354/34 of the Indian Penal Code and under section
10 of POCSO Act.
Pursuant to order dated 04.05.2017 the petitioner and O.P. Nos. 2 & 3 are
physically present along with learned counsels. In presence of the parties
possibility of framing scheme for rehabilitation to the victim has been explored.
The petitioner dined the allegations levelled against him and has stated
that dispute occurred due to payment of bill of the dinner in hotel. Now, the
matter will be heard on merit.
It appears that under order dated 08.03.2017, case diary was called from
the court concerned and the matter was listed for 04.05.2017 and on that the
express reminder was directed to be issued to the court concerned as case diary
was not received and the case was listed for today and today from perusal of
office note, it appears that case diary has not been received.
Under these circumstances, office is directed to issue show?cause notice to
the concerned court as to why contempt proceeding be not initiated against him
as despite issuance of requisites and reminder, case diary has not been submitted
to this court. Court concerned is directed to indicate the name of police officer
due to whose fault case diary has not been submitted to this court, so that order for initiation of departmental proceeding against the concerned police officer be
passed on the next date of hearing. Let the show?cause reply along with case
diary be submitted to this court on or before 03.08.2017.
List this case on 03.08.2017 to be heard on merit.
Till then interim relief granted earlier shall continue.
Let a copy of this order be communicated to the concerned court through
FAX.