Azamgarh SP summoned for filing affidavit contrary to District Judge’s report

Lucknow: Allahabad High Court has summoned Azamgarh Superintendent of Police on 16th December with a personal affidavit for not serving warrant even after three years in a cheque dishonour case and filing a misleading affidavit. The court has sought clarification from the SP for filing an affidavit contrary to the District Judge’s report. Along with this, the District Judge has also been directed to take clarification from the concerned Magistrate and submit a new report. This order has been given by the court of Justice Arun Kumar Singh Deshwal on a petition filed by Prakash Electricals. Petitioner’s advocate Anoop Barnwal argued that an application was filed against Noorul Hasan under the NI Act. The court issued summons. Bailable warrant was issued several times for not appearing, but Noorul Hasan could not be produced. More than three years have passed, 20 dates have been fixed. Whereas, as per rules, the case should be decided in six months. Before this, the court had summoned a personal affidavit from the SP and asked the reason for not serving the warrant. On this, the SP of Azamgarh filed an affidavit and told that a constable was sent to the Lucknow address of the accused with the warrant issued on 26 July 24. But, his address could not be found. The court did not find this affidavit satisfactory. A report was sought from the District Judge. The District Judge said that the warrant was given to the police advocate on 5 March 24. The SHO did not give any report of serving. Explanation has been sought from the SHO. The court found that according to the report of the District Judge, the SP has given misleading and wrong information to the High Court or his subordinate officer has misled him.