Introduction:

In a recent ruling, the Allahabad High Court underscored the duty of police officials to locate and produce accused persons before the court, regardless of their whereabouts within India. The case, filed by Vidya Singh against the State of Uttar Pradesh and others, highlighted the failure of the police to execute non-bailable warrants and ensure the appearance of the accused in court proceedings.

Arguments of Both Sides:

Vidya Singh, the applicant, contended that despite issuing non-bailable warrants and initiating proceedings under Sections 82 and 83 of the CrPC, the accused persons were not appearing before the court. The applicant highlighted the police authorities’ negligence in executing the warrants and securing the accused’s presence in court.

The Additional Government Advocate (AGA) representing the state initially sought time to explain why the accused persons were not being produced before the court despite the issuance of warrants. However, upon inquiry, the AGA informed the court that the police had visited the accused persons’ residence but could not locate them.

Court’s Judgment:

Justice Vikram D. Chauhan’s bench reiterated the police’s duty to serve warrants and emphasized that the non-service of warrants indicates a lack of interest on the part of the police. The court rejected the notion that accused persons can be deemed “untraceable” and emphasized the police’s responsibility to locate them within India and produce them before the court.