COURT ON ITS OWN MOTION Vs. MULKH RAJ

JUDGEMENT

(1.) This reference was received from learned Additional District & Sessions Judge, Jalandhar for initiation of contempt proceedings against Inspector Naresh Kumar, SHO and ASI Mulkh Raj, Investigating Officer in FIR No. 93 dated 11.5.2017 under section 379-B and 411 of IPC and section 22 of the NDPS Act, P.S. Basti Bawa Khel, Jalandhar.

(2.) While considering a bail application on behalf of accused Sajan Kumar and Lovely Kumar in above referred case, the learned Additional District and Sessions Judge came across few blank papers signed by the accused in the investigation file produced before the Court. The learned Judge impounded the file and issued notice to the accused/applicant Sajan Kumar who, upon appearance, stated before the Court that he along with co-accused had been arrested by the police officers who threatened them to implicate them falsely and got several blank papers signed from them. Subsequently ASI Mulkh Raj, Investigating officer, made an application before the learned Judge, admitting his mistake and while apologising requested to be forgiven. The learned Judge, prima-facie finding the act of the police officers highly prejudicial to due course of judicial proceedings which tended to interfere with the same and obstructed the administration of justice, made the present reference for initiation of proceedings under Contempt of Courts Act 1971(hereinafter referred to as 'the Act'), vide letter dated 14.7.2017.

(3.) Upon perusal of the reference, following points for determination were spelt out in our order dated 3.11.2017: