UP Police officer mixes up judge and accused in proclamation order; launches hunt for judge

In a bizarre development, a police sub-inspector in Uttar Pradesh “blindly” wrote a Magistrate’s name in place of the offender on a proclamation in a theft case..Instead of searching for the accused Rajkumar, sub-inspector Banwarilal then proceeded to search for Chief Judicial Magistrate Nagma Khan who had issued the proclamation in the first place to trace Rajkumar. The Court took strong objection to the laxity shown by the sub-inspector, noting he did not have basic knowledge of the criminal procedure for serving the proclamation.“It is quite bizarre that the serving officer of the concerned Police Station has little to no idea of what was sent by this court, who exactly sent it and against whom. 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,” Magistrate Nagma Khan observed..Under Section 82 of the Criminal Procedure Code (CrPC), the Court issues a proclamation to the accused to appear before it if there is reason to believe that accused has absconded or is concealing himself so that arrest warrant cannot be executed.Under the said provision, Magistrate Khan had issued a proclamation against accused Rajkumar alias Pappu.However, the serving officer of the concerned police station made the judge issuing the proclamation an accused in the case. He incorrectly mentioned the proclamation as a non-bailable warrant and wrote the name of the judge quite blindly..The discrepancy came to the Court's notice when the file was presented to the Court and the case was called out for hearing on March 23.The sub-inspector reported to the Court that accused Nagma Khan was not found at her residence when he went to search for her and requested Magistrate Nagma Khan to pass orders against the accused (the judge).The Court noted that the inspector was confused between the procedure for issuing proclamation and that of non bailable warrant (NBW). “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,” the Court stated in its order..The Court called it a blatant dereliction of duty of the inspector and said that if no action is taken against such negligent police officials, it would impinge on everyone’s fundamental rights.“A police officer serving process is supposed to exercise highest level of care as these processes entail heavy consequences. If such negligent police officials are made free to serve processes in such a blind form escaping consequences of their wrongs, they will run amok thus trampling upon the precious fundamental rights to liberty of anyone per their whims and fancies. The facts beforehand patently depicts he made zero efforts to pay heed to the process of this court. He has indicated utter neglect and carelessness in his duties. It shows gross dereliction of duty on his part,” the Court observed. .Therefore, the Court directed senior police officials to undertake an enquiry and take fitting action against the inspector for his negligence. “Considering the gravity and seriousness of the matter and the sheer outright negligence on the part of the police person concerned, this court is of the firm opinion that necessary enquiry must be conducted concerning his working and a copy of this order be thus sent to the IG Agra Range for necessary action and enquiry so that such unwarranted acts are never repeated in future,” the Court directed..[Read order]