In a bizarre mix-up, a police sub-inspector (SI) wrote a magistrate’s name instead of the accused in a theft case while complying with the proclamation order in Uttar Pradesh’s Firozabad district. Not just that, SI Banwarilal also proceeded to search for the Chief Judicial Magistrate Nagma Khan instead of the actual accused, Rajkumar alias Pappu.
The proclamation was issued by Magistrate Nagma Khan under Section 82 of the Criminal Procedure Code (CrPC), summoning Rajkumar, who was charged in a 2001 case of theft from a dwelling and wrongful restraint.
This came to light on March 23 when the file was presented to the court and the case was called for hearing, Bar and Bench reported. Mr Banwarilal told the court that “the accused, Nagma Khan,” was not found at her residence when he went there. The SI asked the magistrate to issue orders against the accused.
The court strongly objected to the sub-inspector’s laxity, pointing out that he lacked basic knowledge of the criminal procedure for serving the proclamation. The court noted that Mr Banwarilal was confused between the procedure for issuing proclamations and non-bailable warrants.
“The serving officer of the concerned police station, who was supposed to comply with the proclamation issued under section 82 CrPC seems to have been lacking basic knowledge of what was asked in the proclamation on his part,” Ms Khan noted.
She observed that the sub-inspector’s actions reflected poorly on his work as a police officer and showed a blatant dereliction of duty.
“It seems he has not even read it properly. Such patent and grave error on his part reflects poorly on his working as a police officer as he knows nothing of the duties enjoined on him. Without giving an inch of attention to the process, he first carelessly mentions the proclamation as an NBW and he then just wrote the name of the presiding officer (judge) quite blindly,” read the order.
The court stated that if no action was taken against such negligent officers, it would impinge on everyone’s fundamental rights.
It directed the senior police officials to conduct an inquiry and take appropriate action against Mr Banwarilal for his negligence. A copy of the order has been sent to the IG Agra Range for necessary action and inquiry, the court said.