New Delhi:
In a bizarre mix-up, a policeman in Uttar Pradesh’s Firozabad launched a hunt for a judge after writing down her name in place of the accused man on the proclamation order in a theft case.
The mix-up emerged last month when sub-inspector Banwarilal, who was assigned to serve a court notice to theft suspect Rajkumar, informed the chief judicial magistrate, Nagma Khan, that the accused “Nagma Khan” could not be found at her home despite a “thorough search”.
“When the attached NBW (non-bailable warrant) was served by me, then a thorough search was done at the mentioned address of Nagma Khan, and no accused of this name lives at the said address. Therefore, you are requested to please pass further orders,” he told the court.
In her March 24 order, Magistrate Khan said it was “quite bizarre” that Banwarilal had “little to no idea of what was sent by this court, who exactly sent it and against whom”.
“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 quite blindly,” she said.
“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. 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,” the judge added.
She also said the police officer serving court notices must “exercise the 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,” she observed.
Magistrate Khan said the facts patently depicted that Banwarilal “made zero efforts to pay heed” to the process of the court.
He has indicated “utter neglect and carelessness” in his duties and shown “gross dereliction” of duty on his part, she said.
She also directed senior police officers, including the Uttar Pradesh police chief, to take action against Banwarilal so that “such unwarranted acts” were never repeated in future.