- (1.) IN this case, F. I. R was registered on 7-5-2003 under Section 302 I. P. C. and the charge-sheet was submitted on 1- 6-2003. The accused have not been arrested so far in collusion with the INvestigating Officer as alleged in the writ petition. The C. J. M. concerned has also not taken effective steps for arresting the accused persons despite several orders, passed by this Court. It has been mentioned in the supplementary affidavit, filed by Vinod Kumar, the present S. H. O. , Adarsh Nagar, District Muzaffarnagar that he has already moved the C. J. M. , Muzaffarnagar for proceeding, under Section 299 Cr. P. C. and that application is still pending. It has also been informed by the prosecution side that the police had applied to the Magistrate concerned for attachment of the properties of the accused, under Section 83 Cr. P. C. but that application was rejected. IN that application, a paper mill was desired to be attached belonging to the accused Rakesh Jain, but the C. J. M. concerned has rejected the application vide order dated 28-6- 2006 on the ground that it was leased to one Anuj Jain. It appears that the police and Magistrate both were passing time, which was in favour of the accused.
(2.) ADMITTEDLY, the process under Section 82 Cr. P. C. has been exhausted and under Section 83 Cr. P. C the moveable and immoveable properties of the accused are to be attached. Learned Counsel for complainant-informant says that besides paper mill, there are other properties also belonging to the accused, which may be attached. He is directed to furnish details of the properties owned by the accused before the C. J. M. , concerned at the earliest. The police is also directed to trace out the properties of the accused and inform the Magistrate concerned. The Magistrate concerned is directed to take immediate steps for attachment of the properties of accused, so that pressure may be built up for procuring their attendance. Learned Magistrate is also directed to proceed under Section 299 Cr. P. C. against the accused, if he is satisfied that there is no immediate prospects of arresting the accused after passing a detailed order. Even if while proceeding, under Section 299 Cr. P. C. the Magistrate gets information from the police or complainant-informant about existence of any moveable and immoveable property of the accused, there is no impediment in issuing as attachment order. Learned C. J. M. is directed to submit his explanation about laches on his part. The Investigating Officer/s. H. O. concerned is also directed to be present in this Court in person on 19-12-2006 to apprise this Court about the steps taken by them for arrest of the accused and identifying their properties.
(3.) THE application for impleadment of accused in this petition is also allowed and they be impleaded as opposite parties in this case. List this case on 19-12-2006.;