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High CourtsSingle Bench(2012) 06 MP CK 0050

Usha Bhadoriya vs State of M.P.

Madhya Pradesh High Court · Decided on 27 June 2012

HON’BLE JUDGES
Brij Kishore Dube, J
CASE NUMBER
M.C.R.C.No. 2537 of 2012

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Judgment

8 paragraphs · 339 words

Brij Kishore Dube Judge

1.

Heard. This petition u/s 482 of Cr.P.C. has been preferred by the petitioner alleging that the respondents No.2 and 3 are not complying with the directions of the Criminal Court passed in Criminal Case No.10916/2009 pending in the Court of Judicial Magistrate First Class, Gwalior and Criminal Case No.4406/2008 pending in the Court of Judicial Magistrate First Class, Gwalior, whereby the Judicial Magistrate First Class has issued arrest warrant against the accused Ramkishore Shivhare, S/o Late Shri Janki Prasad Shivhare, R/o Deendayal Nagar, Gwalior.

2.

According to the petitioner, accused Ramkishore Shivhare is residing at Gwalior and doing property dealing business and still the warrant is not executed even after long lapse of time.

3.

This Court has passed the order on 10.5.2012 which reads as under:

It is hereby directed that accused Ramkishore Shivhare be arrested positively within the course of 15 days and it is also directed that the Superintendent of Police, Gwalior shall ensure that execution of warrant issued by the concerned Court be complied with positively."

Vide order dated 10.5.2012 passed by this Court Incharge Police Station Maharajpura was directed to execute the warrant issued against Ramkishore Shivhare, however, the compliance report of the aforesaid order has not been submitted by the concerning authority.

4.

Considering the facts and circumstances of the case, submissions of the learned counsel for the petitioner and the order dated 10.5.2012 passed by this Court, the respondent No.2- Superintendent of Police, Gwalior is directed to ensure the execution of warrant issued by the Court of Judicial Magistrate First Class, Gwalior in Criminal Case No.10916/2009 and Criminal Case No.4406/2008 against Ramkishore Shivhare within a period of 30 days from the receipt of certified copy of this order. The Superintendent of Police, Gwalior is further directed to file a compliance report to the Principal Registrar of this Court within six weeks thereafter.

5.

The petitioner shall supply certified copy of this order to the Superintendent of Police, Gwalior. With the aforesaid direction this petition is disposed of.