Court Holds Senior Superintendent of Police Accountable for Non-Compliance and Contempt
In a significant development, the Allahabad High Court has issued a bailable warrant against Anand Prakash, the appellant in a longstanding criminal appeal, who has reportedly gone missing. The directive was pronounced by the Division Bench comprising Justices J.J. Munir and Sanjiv Kumar, emphasizing the accountability of the Senior Superintendent of Police, Budaun, for the execution of the Court's orders.
The case, Criminal Appeal No. 1433 of 1984, has seen an unusual turn of events with the appellant remaining untraceable for an extended period. Considering the circumstances, the Court ordered the issuance of a bailable warrant through the Chief Judicial Magistrate, Budaun, requiring Anand Prakash to surrender by December 17, 2025. Upon surrender, the appellant is to be released on bail with conditions including a personal bond of Rs. 20,000 and two sureties of the same amount, along with an undertaking to appear before the Court on December 18, 2025.
The High Court's stringent order mandates the Superintendent of Police, Budaun, to ensure the execution of the warrant, serving it upon Anand Prakash wherever he might be located, unless evidence suggests he has died or left the country. This directive underscores the importance of compliance and the serious view the Court takes on accountability.
However, the Senior Superintendent of Police, Budaun, has been found prima facie in contempt for failing to comply with the Court's directions. The Court noted the improper reporting and the delegation of response to a subordinate officer, a Sub-Inspector, instead of directly addressing the Chief Judicial Magistrate's memo. This action has been deemed impertinent by the Bench, highlighting the lack of courtesy and diligence in executing the Court's orders.
The Court has demanded a personal affidavit from the Senior Superintendent of Police to show cause why contempt proceedings should not be initiated against him. He must explain the failure to apprehend the appellant and the inappropriate communication through a sub-inspector rather than responding personally. The affidavit is required by December 19, 2025, with the risk of personal appearance before the Court in case of default.
The case is scheduled for further proceedings on December 18, 2025, at 2:00 p.m. The order has been communicated to the relevant authorities for immediate compliance.
This judgment highlights the judiciary's role in ensuring the execution of legal processes and maintaining the sanctity of Court orders. It serves as a reminder of the responsibilities of law enforcement agencies in upholding justice and the potential repercussions of negligence in this regard.
Bottom Line:
Issuance of bailable warrant against the appellant who has gone missing, directives for compliance, and accountability of the Senior Superintendent of Police for non-execution of the Court's orders.
Statutory provision(s): Criminal Procedure Code, 1973
Anand Prakash v. State, (Allahabad)(DB) : Law Finder Doc Id # 2824234
