Swamidas @ Samar vs. State Of U.P.

Court No. - 67

Case :- CRIMINAL REVISION No. - 4164 of 2018

Revisionist :- Swamidas @ Samar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Anup Kumar Singh,Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.,Vivek Singh,Vivek Kumar Singh

Hon'ble Rahul Chaturvedi,J.

Sri Sudhir Mehrotra, learned Special Counsel has filed personal affidavit of Sri Sarvjeet Kumar Singh, posted as Chief Judicial Magistrate, Agra in compliance of the order dated 20.02.2019 passed by this Court. The same is taken on record.

The explanation given before this Court seems to be satisfactory.

After much efforts and pursuance, Smt. Sangeeta Devi along with her husband is present today in person before this Court without their daughter Ms. Khushi @ Khuseela, whose presence was absolutely essential. There are repeated directions by this Court given on 23.01.2019, 08.02.2019 and 20.02.2019 by thisCourt for ensuring the presence of Ms. Khushi @ Khuseela but today when the case was put on board, Smt Sangeeta Devi stated that her daughter Ms. Khushi @ Khuseela is sick and is unable to attend the Court today. This is nothing but a false pretext made by the clever litigant to dupe and mislead the Court.

Sri KN Singh, holding brief of Sri Vivek Kumar Singh, learned counsel for private opposite party assures the Court that Ms. Khushi @ Khuseela along with her mother Smt. Sangeeta Singh would remain present in person before this Court on 1sth March, 2019, if the Court fixes so.

On his solemn undertaking, this Court gives a breathing time to opposite party no. 2 and directs her to be present in person along with Ms. Khushi @ Khuseela on 1st March 2019 at 2.00 P.M. before this Court to abide with the Court's order dated 20.02.2019 in letter and spirit, failing which learned Chief Judicial Magistrate, Agra is directed to issue non bailable warrants against opposite party no. 2 and produce the girl Ms. Khushi @ Khuseela on 6th March, 2019.

Put up on 01.03.2019 at 2.00 P.M.

However, it is made clear that no further time would be given to opposite party no. 2 to ensure the presence of herself along with Ms. Khushi @ Khuseela before this Court for any reason.

Order Date :- 27.2.2019 shailesh