In a bizarre and troubling incident reminiscent of a courtroom satire, a police officer in Uttar Pradesh’s Firozabad district mistakenly identified a sitting Magistrate as the accused in a criminal case while attempting to execute a proclamation order. The blunder, made by Sub-Inspector Banwarilal, came to light during court proceedings and has now prompted the Magistrate to recommend a formal inquiry into the officer’s conduct.
The incident stemmed from a proclamation order issued by Additional Chief Judicial Magistrate (CJM) Nagma Khan under Section 82 of the Code of Criminal Procedure (CrPC) against an accused named Rajkumar alias Pappu in a theft case. However, the Sub-Inspector, tasked with enforcing the order, not only misunderstood it as a Non-Bailable Warrant (NBW) but also proceeded to search for and attempt to serve it on the Magistrate who issued the order—mistaking her for the accused.
The situation escalated when SI Banwarilal submitted a report to the Court claiming he had attempted to serve an NBW on one “Nagma Khan” at the listed address but failed to locate her. This glaring mistake drew sharp criticism from the Court, especially since the officer had not only misidentified the legal document but also erroneously recorded the name of the presiding judge as the accused. The Court noted that this was not a minor clerical error but a demonstration of “gross dereliction of duty” and a complete lack of understanding of legal procedures on the part of the police officer.
The Magistrate emphasized that such negligence could lead to grave violations of individuals’ fundamental rights, especially when police officers act without care or accountability. The Court cautioned that if such behavior were to go unchecked, it would set a dangerous precedent where law enforcement could trample upon the liberties of citizens based on mere assumptions or carelessness.
Considering the seriousness of the error and the potential implications of such conduct, the Court called for a formal inquiry into the matter. It directed that a copy of its order be sent to the Inspector General (IG) of the Agra Range for appropriate action and to ensure that such blunders are not repeated in the future. A copy has also been forwarded to the Director General of Police (DGP) for further scrutiny and necessary steps.
The Court’s strong stance serves as a reminder of the critical importance of procedural accuracy and accountability within the criminal justice system.
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