Excelsior Correspondent
JAMMU, Feb 12: In connection with non-bailable warrant of arrest issued against accused in case titled “Robkar, through Court of Sessions, Judge, Jammu Vs. Dr. G.N Bhat S/o Mohammad Subhan Bhat R/o Sanant Nagar Srinagar”, court of CJM, Jammu today issued show cause notice to SHO Police Station Saddar, Srinagar requiring him to show cause as to why in the circumstances enumerated in the order, Robkar be not framed against him not only for circumventing the process of law issued by court but also for furnishing a report which perse seems to be explicitly mis-leading.
This order was passed in the case wherein complaint against accused Dr. G.N Bhat for giving false and fabricating evidence in judicial proceedings was instituted in the year 1995 by the then Principal Sessions Judge, Jammu.
Non-bailable warrant of arrest was issued against accused in which SHO Police Station Saddar, Srinagar submitted a report before the court that accused Dr. G.N Bhat could not be traced. In the same report however SHO also mentioned that accused produced a communication from Medical Institute Soura – Srinagar before him in which he has been advised bed rest for one month and warrant therefore was sent back to the court un-executed.
Taking serious note of the contradictory report sent by SHO, the court noted – “In sum, report submitted by SHO supra in connection with non-execution of warrant aforementioned – is both mis-leading and also a vivid illustration of circumvention of process of law” adding “once accused produced communication before officer executing warrant, for the SHO concerned then to say that accused could not be traced – is a preposition which is perse sans rationale and thus a misleading one.” It was also noted by the court that by not executing non-bailable warrant of arrest against the accused in this manner, SHO concerned has flouted the order by virtue of which non-bailable warrant of arrest was issued against accused and has thus circumvented the process of law. In these circumstances, court observed that a prima facie case is made out against SHO aforesaid for issuance of show cause notice as to why in the circumstances enumerated therein, Robkar be not framed against him not only for circumventing the process of law issued by the court but also for furnishing a report which perse seems to be explicitly mis-leading.
Fresh non-bailable warrant of arrest was also directed to be issued against accused to be executed by Sr. Superintendent of Police Srinagar without failure whatsoever. It is pertinent to mention that instant proceedings are pending against accused since 18.12.1995 and suffering procrastination only because of non-appearance of accused.
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