Expressing displeasure over execution of non-bailable warrant casually, Yahaya Firdous Special Railway Magistrate (Sub-Judge), Jammu on Friday issued notice to SSP Jammu to explain as to how he has forwarded the warrant to SHO Gandhi Nagar in place of SHO Gangyal. The court also issued notice to SHO Gandhi Nagar to explain as to why he has not mentioned that the warrant does not pertain to his jurisdiction. Court also directed that a copy of this order be made available to IGP Jammu through CPO District Court Jammu for information to the aforesaid officer.
The court observed, “the seriousness of the prosecution wing which includes police, which is executing agency, can be gathered from the warrant itself, the way the warrant has been forwarded in a casual manner to SHO Police Station Gandhi Nagar in place of SHO Gangyal and thereafter SHO Gandhi Nagar adopted the same line by reporting that the accused could not be traced, as, no signature of any respectable person or witness, where the accused resides, has been obtained by the Tamili.”
Court while referring to the facts of the case said that the accused is absent, charge-sheet is pending since March 25, 2011 and till date only three witnesses out of 17 have been recorded. The court further said that it is very strange to observe that the warrant dated October 10, 2017 was addressed to the SHO Police Station Gangyal for execution but SSP Jammu vide letter No.3102 dated October 11, 2017 forwarded the warrant to SHO Police Station Gandhi Nagar for execution and SHO Police Station Gandhi Nagar in turn has reported that the accused could not be traced.
Later, court issued fresh non-bailable warrant against the accused Tejinder Singh in case FIR No.21/2011 of Police Station Gangyal Jammu with the direction to SSP Jammu to ensure that the warrant is executed under his personal supervision.