KIRAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Criminal Procedure code invoking extra-ordinary jurisdiction of this Court for exjunction of remarks made against the petitioner in Paragraph Nos. 17 and 18 of the judgment dated 25-3-2006 passed by Sessions Judge, Shajapur in Sessions Trial case No. 151/2005.

(2.) THE short facts of the case are that petitioner was working on the post of Station House Officer at Police Station, Sarangpur at the relevant time. On 8-3-2005 one Kamal Singh s/o Shankaralal informed at Police Station, sarangpur, that 5 days ago his mother Bhawaribai had gone to work at Village padlya Mata, with his sister Sunita and had not returned home since then. Though Sunita returned home on the same day. On the basis of this information, a missing person report No. 7/2005 was registered at the Police Station, sarangpur and during the course of investigation pursuant to this report on 24-3-2005 such Bhanwaribai was traced and found at bus stand Sarangpur. Her statement was recorded on the same day, wherein she alleged that about 20-22 days ago one Bhagirath s/o Ranjeet Singh on the enticement of getting higher wages had taken her to Pachor and then to Vidisha, Narsinghgarh and Village billorin. It was also alleged by her that under the threat of life she was repeatedly ravished by the accused Bhagirath. On the basis of aforesaid statement of bhawaribai Crime No. 210/2005 was registered against Bhagirath for the commission of the offences punishable under Sections 363, 376, 506 of Indian penal Code and he was arrested on 20-6-2006. After investigation challan was submitted against the said accused Bhagirath in the Court of Judicial Magistrate first Class, Sarangpur, who committed the case for trial to the Court of Sessions judge, Shajapur. Petitioner was examined as P. W. 11 being an Investigating officer of the case. After an elaborate trial in S. T. Case No. 151/2005 learned sessions Judge by judgment dated 25-3-2006 acquitted the accused Bhagirath and held that the charges of abduction as well as rape were not proved against accused. It was also found that it was a case of consent and on the basis of these findings accused was acquitted.

(3.) LEARNED Sessions Judge, however, in Paragraph Nos. 17 and 18 of the judgment Annexure A-1 has passed adverse remarks against present petitioner, holding that the petitioner had made irresponsible statements; the statement of Bhawaribai recorded on the missing person report was not filed along with the challan and that the present petitioner had not himself recorded the statement of the prosecutrix under Section 161 of Criminal Procedure Code, the present petitioner had failed to state or clarify as to who had written the said statement and that there was failure to comply with the provisions of Section 157 of Criminal Procedure Code. The learned Sessions Judge has also forwarded a copy of the judgment to the Director General of Police, Bhopal with a direction to initiate disciplinary proceedings against the present petitioner.