JUDGMENT : 1. We are extremely unhappy about the counter affidavit filed on behalf of respondent No. 3, Arvind S. Inamdar, the then Joint Commissioner of Police, Bombay, now the Commissioner of Police, Nagpur. What we find is that the affidavit dated 21.11.92 is signed by the Government Pleader- instead of the said Officer and the said Officer has merely put his solemn affirmation stating that the contents in paragraphs 1 to 23 are true to his information received from official record and are believed to be true. The counter affidavit should have been by respondent No.3 himself. This is not a proper manner of filing an affidavit on behalf of an Officer who is a party to the proceedings, more so when the allegation is that he was privy to the crime in question. This allegation is being denied by the Government Pleader and all that the Officer says is that the contents are true to information received from official record and he believes them to be true without himself specifically denying the allegation or saying anything in that behalf. We fail to understand why the Government Pleader took upon himself this responsibility which was truly of respondent No.3. We also find that no headway has been made so far. We would, in the first instance, like to see the case diary in regard to this offence. The case diary to be produced within two weeks, Needless to say that the matter deserves urgent attention since the offence was committed on 16.11.90. The learned counsel for the State Government will send a FAX message for dispatching the case diary forthwith as there would be so question of extension of time. 2. Let the matters come up on 23.11.95.