DIPAK MISRA
Ramesh Chand Gupta – Appellant
Versus
State Of M. P. – Respondent
Dipak Misra, J.
1. How does one react to a situation which permits years to slip by for carrying out of a ministerial act of issuing warrant of arrest, in spite of series of judicial orders, to be executed by the Officers-in-charge of a Police Station and further allows memory to wither so that each one at the centre-stage forgets that an accused has to be brought before the Court within a reasonable time to face his trial and treats passing of a year as if it is a day ? And how, pray, does one appreciate the attitude of gross negligence which ostracises the vision of vigil and perpetuate the sin of procrastination for a long eighteen years ? To put it plainly, it cannot be tolerated.
2. This application seeking privilege of anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') would ordinarily have been disposed of without examination and contemplation; probe and deliberation; and study and scrutiny as the learned counsel for the applicant, after tremendous endeavour to convince the Court, eventually realising the unsoundness of his contentions sought permission to withdraw the application, and in usual course the prayer f
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