(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the State of Gujarat through learned PP, High Court of Gujarat seeking condonation of delay of ten days caused in filing the above criminal appeal.
2. The matter has come up for consideration of this Court on 20.09.2011 and the Court was pleased to issue Rule on 09.11.2011. Direct Service was permitted.
3. On 09.11.2011, the matter was adjourned to 16.11.2011. On 16.11.2011, the matter was adjourned to 17.11.2011 to be listed with criminal appeal no.291 of 2011. On 17.11.2011, the matter was adjourned to 28.11.2011. On 28.11.2011, the matter was adjourned to 07.12.2011. On 07.12.2011, the matter was adjourned to 20.12.2011. On 20.12.2011, the matter was adjourned to 26.12.2011. On 26.12.2011, the matter was adjourned to 17.01.2012.
4. On 17.01.2012, the matter was adjourned to 06.02.2012. On 17.01.2012, the Court issued fresh notice to the unserved respondents and made it returnable on 06.02.2012 and permitted the appellant - State to effect Direct Service. Again the matter was adjourned from 06.02.2012 to 15.02.2012. On 15.02.2012, the matter was adjourned to 29.02.2012. On 29.02.2012, the matter was adjourned to 14.03.2012. On 14.03.2012, the Court passed an order issuing fresh notice to the unserved respondent nos.1 and 2 and made it returnable on 10.04.2012. The State was again permitted to effect Direct Service.
5. On 10.04.2012, the matter was adjourned for today i.e. 19.06.2012. Today, when the matter is called out, learned APP Mr. Patel requested that a fresh notice may be issued and Direct Service may be permitted so as to see that the unserved respondents are served. The Court, on perusal of the papers found that the request is not meaningful and in light of the fact that the State is not able to serve the respondents since 20.09.2011 despite the fact that on not less than three occasions the State was permitted to effect Direct Service.
6. What is shocking is that some statements recorded on 05.04.2012 in original are found on record and along-with that there is a communication from Harij Police Station, Gujarat State addressed to 'Police Sub-Inspector, Islamnagar Police Station, Uttar-Pradesh'.
A laymen can understand as to address mentioned is insufficient and that address itself is reflecting the sincerity with which the matter is attended to.
7. Besides there is one more communication from Harij Police Station, Gujarat State to the 'Police Sub-Inspector, Zarifnagar Police Station, Uttar-Pradesh'. The Court is not able to restrain itself from directing the registry to place the Xerox Copies of the aforesaid papers along-with the orders of this Court and last but not least a communication dated 10.04.2012 which is signed on behalf of Police Sub-Inspector, Harij which is directly addressed to the Hon'ble the Chief Justice, High Court of Gujarat. It is high time when some higher officer at an appropriate level under the direct supervision of the Principal Home Secretary, Home Department and the Director General of Police takes note of such letters and the exercise under-taken in this matter for serving the respondents.
8. The registry shall send all these papers to the Principal Home Secretary, Home Department and the Director General of Police who in turn are expected to offer their comments in the matter with suggestive action to be taken in the matter. The registry shall keep the original papers in safe custody.
9. The matter is adjourned to 27.06.2012.
10. A copy of this order be made available to the learned APP in duplicate for forwarding the same to the Principal Home Secretary, Home Department and the Director General of Police.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top