GAPPU LAL PAL Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This petition under section 482 of Cr.P.C., 1973 has been filed to invoke the extraordinary jurisdiction of this Court and to expunge the remarks in the letter dated 04/01/2017 passed by JMFC, Chhindwara and to set aside letter dated 04/01/2017 and the departmental enquiry initiated against the petitioner.

(2.) The factual matrix of the case just necessary for the disposal of this petition is that, the learned JMFC, Chhindwara in Criminal Case No. 2996/10, pronounced the judgment on 04/01/2017. In Para No. 15, he observed that the Investigation Officer, Gappu Lal Pal in his cross-examination failed to disclose who was the driver at the relevant time. Learned the JMFC then observed that because of this, he is not punishing the delinquent. A letter written to Inspector General of Police to provide an opportunity to the delinquent officer Gappu Lal Pal and take an appropriate action in accordance with law.

(3.) On behalf of the petitioner, it is stated that, pursuant to this judgment, letter dated 04/01/2017 was issued to the Inspector General of Police and as a result of this departmental action has been initiated against the petitioner. The petitioner claimed that he has not been heard before passing such remarks which is disparaging and adverse to the petitioner, without affording any opportunity of hearing, therefore, the adverse remarks be High Court of Madhya Pradesh expunged.