ANAND SAGAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal under Section 351 Cr.P.C. against the impugned orders dated 10th July, 2014 and 8th July, 2014 whereby the impugned show-cause notice under Section 350 Cr.P.C. was issued to the appellant in case FIR No.438/13, under Sections 347/354/367/34 IPC and Section 8 of POSCO Act, PS Seelampur, titled as State vs. Mohd. Zakir @ Sonu.

(2.) The prayer in the appeal is made to set-aside the impugned order dated 10th July, 2014 to the extent by which the learned Trial Court has sentenced to fine of Rs.100/- under Section 350 Cr.P.C. deductible from the salary of the appellant. The prayer is also made to set-aside the order dated 8th July, 2014 by which the impugned show-cause notice was issued to the appellant.

(3.) Brief facts were that originally, the FIR was registered by SI Naveen Kumar and the investigation was being carried out by him. In the bail application, the learned Trial Court issued the notice/summon to the appellant, who is working as SHO in PS Seelampur, Delhi, to appear in person and further directed that an Officer not below the rank of IO to be appeared before Court on 8th July, 2014. The showcause notice under Section 350 Cr.P.C. was issued, the details of which are already mentioned, against the appellant as he did not appear before the Court. Undisputedly, after issuing the said notice, the appellant forwarded a letter dated 10th July, 2014 to the DCP concerned against SI Naveen Kumar for his misconduct.