This Court (Coram: S.R. Brahmbhatt, J) on 27/11/2012 passed the following order:
Learned advocate appearing for the petitioner in this group of petitions has invited this Court s attention to the order dated 8/11/2012 passed by this Court (Coram: K.S. Jhaveri, J). The relevant para no.9 thereof is set out as under:
9. In view of the above, Office is directed to issue Non-bailable warrant against respondent No.1- Dr. Kumudhavali, who is the Registrar of Shrimati Nathibhai Damodar Thackersey Women s University and respondent No.2-P.N. Mandhave, Controller of Examination, C/o. Smt. Nathibhai Damodar Thackersey Women s University, making it returnable on 27th November, 2012. For execution of N.B.W., if necessary, help of police force be taken.
No one has placed information on record indicating as to what is the follow-up action in pursuance of the order. The office rather ought to have placed on record the detailed report when the matter is listed today. Unfortunately, the report is not placed on the record, therefore matter is adjourned to 29/11/2011 and the office is directed to place on record the report qua the follow-up action pursuant to the order mentioned herein above.
Adjourned to 29/11/2012.
Pursuant to the aforesaid direction, office of this Court placed on record the report dated 1/12/2012, indicating developments of events after issuance of non-bailable warrant. The communication addresed by Senior Inspector of Police, Azad Maidan Police Station, Mumbai, addressed to Deputy Registrar, High Court at Ahmedabad dated 7/12/2012 is also placed on record. Perusal of both the documents indicate that appropriate follow-up was carried out by the Court, i.e. Incharge Registrar of City Sessions Court at Greater Bombay, as could be seen from the document dated 23/11/2012 and therefore, there was time left for executing the warrant and securing presence of respondents by 27/11/2012 before this Court as already ordered. However, as could be seen from the report of Senior Inspector of Police, Azad Maidan police station, addressed to Deputy Registrar of this Court dated 7/12/2012, non-bailable warrant issued against the persons mentioned there under was received by the police station on 27/11/2012. Therefore, it is urged that the follow-up action could not fructify into procuring the presence and for avoiding confusion a date was requested with extension of time and date for execution of the warrant.
As per provision of Section 70 (2) of Criminal Procedure Code, 1973, the warrant until revoked shall remain in force. However. it is also required to be borne-in-mind that the date for producing those respondents against whom non-bailable warrant was issued had gone-by and hence, in order to clarify the unambiguity, now, the matters are ordered to be posted for hearing on 9/1/2013, which shall have the effect of extending the execution of non-bailable warrant from 27/11/2012 to 9/1/2013. The non-bailable warrant be executed in time by all the concerned so as to secure presence of those against whom non-bailable warrant is existing and issued and to produce them before this Court on 9/1/2013. This would take care of the situation and would not now be required issuance of any fresh warrant as the date of warrant itself is hereby extended.
Registry shall ensure timely dispatch and receiving authorities shall also bear the date i.e. 9/1/2013 in mind so as to see to it that presence of the respondents are procured and they are produced before this Court on 9/1/2013. It goes without saying that any dereliction in this behalf by any agency would be viewed very seriously.
Apart of Court procedure for service, direct service also permitted to the petitioner and it would be open to the petitioner to serve copy of this order to the concerned.
(S.R.BRAHMBHATT, J.) vgn Page 6 of 6