SANJAY SHARMA Vs. STATE

JUDGEMENT

(1.) THE writ Petitioner before this Court is an Inspector in Delhi Police, who is posted as SHO, Police Station Civil Lines.

(2.) WHILE posted at P.S. Saraswati Vihar, he investigated case FIR No. 36/2008, P.S. Saraswati Vihar titled State vs. Pawan @ Mama. The trial in the above -noted case was pending before the learned Addl. Sessions Judge and was listed for prosecution evidence on 20.05.2013. On that day due to official exigencies, the writ Petitioner in his capacity as Investigating Officer was unable to appear before the learned Addl. Sessions Judge. The reason for non -appearance is stated to be not personal, but due to anticipated protest by Tibettans at Majnu Ka Tila during the visit of H.E., the Chinese Premier to Delhi from 19.05.2013 to 21.05.2013, which required heavy law and order arrangement within the jurisdiction of Police Station Civil Lines.

(3.) FEELING aggrieved by the above order, the writ Petitioner has invoked the jurisdiction of this Court under Article 226 of Constitution of India read with Section 482 Cr.P.C. praying for quashing of the impugned order to the extent it imposed adjournment cost on the prosecution to be recovered from the salary of the Petitioner and also to expunge the adverse remarks recorded about his conduct in the order which have been made without any justification and without giving him an opportunity of being heard.