In a highly unusual and alarming incident, a police sub-inspector in Uttar Pradesh named Chief Judicial Magistrate Nagma Khan as an accused in a proclamation notice under Section 82 of the Criminal Procedure Code (CrPC)—a process that was in fact meant for a theft case suspect, Rajkumar alias Pappu.
The sub-inspector, identified as Banwarilal, not only wrongly filled in the judge’s name on the official document, but also reported to the Court that “accused Nagma Khan” was not found at her residence, and sought further action—ironically from Magistrate Khan herself.
COURT SLAMS OFFICER FOR “GROSS DERELICTION OF DUTY”
Strongly condemning the officer’s actions, the Court observed that the sub-inspector lacked even a basic understanding of criminal procedure and had treated the proclamation notice like a non-bailable warrant (NBW).
“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,” Chief Judicial Magistrate Nagma Khan stated in her order.
“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 further stated that the officer had “blindly” written the judge’s name without reviewing the content of the proclamation, and noted that such carelessness posed a serious threat to the fundamental rights of citizens.
“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… they will run amok thus trampling upon the precious fundamental rights to liberty of anyone per their whims and fancies,” the order read.
WHAT IS SECTION 82 CRPC ?
Under Section 82 CrPC, a proclamation is issued against a person who is believed to be absconding or hiding to evade arrest. In this case, the proclamation was intended for theft accused Rajkumar alias Pappu, but due to the officer’s mishandling, the name of the presiding judge was instead listed.
ENQUIRY ORDERED BY THE COURT
Taking note of the “blatant dereliction of duty”, the Court has directed that an inquiry be initiated against the sub-inspector. The matter has been referred to the Inspector General (IG) of Agra Range for appropriate action.
“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 inquiry must be conducted… so that such unwarranted acts are never repeated in future,” the Court stated.
