UP cop raids judge's house after mistaking her for accused in her own order

A UP sub-inspector, instead of serving a CrPC Section 82 proclamation to the accused, mistakenly named the Chief Judicial Magistrate who had issued the notice

In a strange incident, a police sub-inspector in Uttar Pradesh mistakenly named a judge as the accused in a theft case. Instead of looking for the real accused, Rajkumar alias Pappu, the police officer went looking for the Chief Judicial Magistrate Nagma Khan who had issued the legal notice.

 

According to a report by Bar and Bench, sub-inspector Banwarilal, instead of serving a proclamation to Rajkumar under Section 82 of the Criminal Procedure Code (CrPC), wrongly named Chief Judicial Magistrate Nagma Khan as the accused and reported to the court that she was not found at her residence.

 

How did the court learn of the mistake?

 

 

The court was alerted to the error during a hearing on March 23, when the file was presented for review. “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,” Magistrate Khan observed, as quoted by the Bar and Bench.

 

The court mentioned Banwarilal confused a proclamation with a non-bailable warrant and acted “blindly” while writing the name of the judge in place of the accused.

 

“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 court said.

 

‘Careless actions could harm fundamental rights’

 

The Court expressed serious concern over the police inspector’s negligence, saying such careless actions could harm the fundamental rights of citizens, reported the Bar and Bench report.

 

“A police officer serving process is supposed to 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,” the court warned.

 

Calling it a “gross dereliction of duty,” the court directed senior police officials to launch an inquiry and take strict action against the inspector.

 

“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 ordered, quoted Bar and Bench.