Took No Pain: Allahabad High Court Orders Inquiry Against Lucknow Police Commissioner For Failing To Ensure Personal Appearance Of Party
The Allahabad High Court noted that instead of enforcing the appearance Order, the police authorities treated it as a service of notice and submitted a compliance report.
The Allahabad High Court directed the Director General of Police, Uttar Pradesh, to initiate an inquiry against the police officials of Lucknow Police Commissioner and other police officials for failing to ensure the appearance of a party, as directed by the Court.
The Court noted that instead of enforcing the appearance Order, the police authorities treated it as a service of notice and submitted a compliance report to the Chief Judicial Magistrate, Lucknow, without complying with the directive of ensuring the party’s presence. “Either of the authorities of police department took no pain in shape of at least going through the orders passed by this Court,” it remarked.
A Single Bench of Justice Saurabh Srivastava ordered, “Director General of Police, U.P. is hereby directed to initiate a proper inquiry against Commissioner of Police, Commissionerate Lucknow, Deputy Commissioner of Police (East), Commissionerate Lucknow and SHO, Police Station Chinhat alongwith Sub-Inspector Mohit Kumar, Police Station Chinhat who submitted report on dated 07.03.2025 without going through the order dated 14.02.2025.”
Advocate Rajat Aren appeared for the Petitioners, while Advocate Atul Kumar Kushwaha represented the Respondents.
Brief Facts
The Court had passed specific orders on 14.02.2025 and 04.03.2025, directing the Commissioner of Police, Commissionerate Lucknow, to ensure the personal appearance of a party before the Court. However, these orders were not complied with.
Court’s Reasoning
The Court remarked that its earlier Order was taken up by the concerned police authorities only for “ensuring service of notice and the same has been reported by the concerned police station to Deputy Commissioner (East), Commissionerate Lucknow which is available on record.”
“In spite of orders dated 14.02.2025 and 04.03.2025 through which specific orders have been passed in favour of Commissioner of Police, Commissionerate Lucknow for ensuring personal appearance of respondent no.2…before this Court but the said orders have not been complied with till today,” the Bench remarked.
By bare perusal of the report submitted by Commissioner of Police, the Court remarked that “it is crystal clear that the compliance report has been submitted before learned Chief Judicial Magistrate, Lucknow without going through the order dated 14.02.2025 wherein it is specifically mentioned under paragraph-1 that Police Commissioner, Lucknow Commissionerate is directed to ensure personal appearance of respondent no.2…on the next date."
Consequently, the Court ordered, “Upon service of notice which has been ensured in pursuance of order dated 14.02.2025, Sri Atul Kumar Kushwaha, learned counsel is appearing on behalf of respondent no.2 who assured that on the next date, respondent no.2 will be present in person before this Court.”
Accordingly, the High Court ordered to put up this case on 25th March, 2025 as fresh.
Cause Title: Shreya Saxena Minor & Anr. v. State Of Uttar Pradesh & Anr. (Matters Under Article 227 No. - 755 of 2025)
Appearance:
Petitioners: Advocates Raj Kumar Singh and Rajat Aren
Respondents: Advocate Atul Kumar Kushwaha
