AB LATIF Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER was Second Officer in the Police Station Golegul -abgarh in the year 1970 and he said to have left the Police station in connection with investigation of a case at village Doda. In reaching the said village he is said to have received an application from one Abdullah s/o Jamma against one Molvi Ab. Hamid to the effect that said Molvi had slaughtered a buffalo -calf with the connivance of his servant and it was prayed that necessary action be taken against him Petitioner is said to have taken investigation in hand and since the offence was non -cognizable, therefore he invoked section 155 of the Criminal Procedure Code and requested for sanction from the Magistrate. Said Abdul Hamid against whom the complaint was lodged, filed a complaint against the petitioner before the Anti Corruption Organisation which was sent to DIG alleging therein that the accused had demand Rs 3, OOO/ - as illegal gratification for saving the family of Abdul Hamid. The complainant consequently paid him Rs. 1200/ - and his brother was released. Petitioner was charge sheeted and recommended to be punished by one man commission. The following punishments were recommended for him. 1) Rs. 1200/ -(Rupees twelve hundred) only be recovered from Shri Abdul Latif, the then 2nd Officer, Police Station (Gool Gulabgarh) and returned to Shri Abdul Rashid s/o Molvi Mohd Khalil Kashmiri r/o Dedah, Tehsil Gool Gulabgarh, against a proper receipt;

(2.) ) A fine equal to one months present pay of the accused be imposed on him, which after realization be remitted into Government Treasury;

(3.) ) The accused be demoted to his next lower rank for a period of five years;