The Uttar Pradesh police has again been embarrassed for the reason of its negligence. The presiding officer, Ms. Nagma Khan, Additional Chief Judicial Magistrate, Firozabad, issued a proclamation under Section 82 of the Code of Criminal Procedure. The police wrote the name of the Judge in the place of the name of the accused. Thereby, the police were serving the process to Nagma Khan, who is the Judge, instead of Rajkumar, the accused. It is very shameful how negligent a major organ of the Government can be. What if there had been the name of someone innocent instead of the Judge? The police would have served the proclamation upon that person who is alien to the case.
The court observed that 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. It further added, ‘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 also highlighted that, ‘Neglect without impunity seems to be the order of the day.’
The serving officer of the concerned Police Station, who was supposed to comply with the proclamation issued under section 82 Cr.P.C., seems to have lacked basic knowledge of what was asked in the proclamation on his part. It seems he has not even read it properly. Such a patent and grave error on his part reflects poorly on his work 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 a Non-Bailable Warrant, and he then just wrote the name of the presiding officer quite blindly.
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
It is apparent that the police personnel are working effortlessly without considering the seriousness of the nature of their work. The court was of the firm opinion that a necessary inquiry must be conducted concerning his working. A copy of the order has been sent to the IG Agra Range for necessary action and enquiry so that such unwarranted acts are never repeated in future. The court has also ordered that a copy of the order shall be sent to DGP UP and SP Firozabad.
