In a stunning instance of official negligence, the Additional Chief Judicial Magistrate (ACJM) of Firozabad, Naoma Khan, has strongly condemned a police officer for mistakenly mentioning the presiding judge’s name as an accused in a proclamation compliance report. The incident occurred in the case titled State v. Rajkumar and Another, registered under Sections 380 and 411 of the Indian Penal Code.
The court had earlier issued a proclamation under Section 82 CrPC against accused Rajkumar alias Pappu. However, in his compliance report, Sub-Inspector Banwarilal from Police Station North not only mischaracterized the proclamation as a non-bailable warrant (NBW) but also, shockingly, listed the name of the judge who had issued the proclamation as if she were an accused.
Expressing grave concern over the incident, the judge wrote:
“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. Lo! He has made the judge issuing the proclamation an accused in the case pending in this court at least on the process.”
The court noted that such careless conduct indicates not only a failure to understand the contents of a judicial order but also a complete disregard for the duties entrusted to police officers.
Further criticizing the officer’s approach, the court stated:
“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 quite blindly.”
Judge Khan underscored the serious implications of such mishandling of legal documents:
“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.”
Calling it a case of “neglect without impunity,” the court observed that the officer made “zero efforts to pay heed to the process of this court” and displayed “gross dereliction of duty.”
Taking a serious view of the matter, the court ordered that a copy of the judgment be sent to the Inspector General (IG) of Agra Range for a detailed inquiry. Copies were also directed to be forwarded to the Director General of Police (DGP), Uttar Pradesh, and the Superintendent of Police (SP), Firozabad, for necessary action.
Case Title: State v. Rajkumar and Anr.
Case No.: 2672/2012
CNR No.: UPFD040019132012
