SUALAL YADAV Vs. STATE

JUDGEMENT

(1.) THIS is an application under sec. 561-A by Sualal, a Sub Inspector Police, in the service of this State, praying for the expunction of certain remarks against him, appearing in the judgment of the Sessions Judge, Bhilwara, dated 9th August 1962, disposing of Sessions Case No. 6/1962.

(2.) THE petitioner was Station House Officer, Police Station, Badnore in July, 1961. On 26th July, 1961 an application was submitted on behalf of the Police Station, Badnore, in the Court of Divisional Magistrate, Gulabpura, for taking action under Sections 109 and 55, Criminal Procedure Code, against five persons including one girl Mst. Gita. In the proceedings that ensued on that application, Mst. Gita filed written statement wherein she stated that she was a girl of good character and was a minor of 14 years. While denying the allegations made against her, she stated that she had been kidnapped by Jagannath and Antra and had been kept in wrongful custody for quite a long period. She further stated that Amra also committed rape upon her. She sent information to her mother whereupon the villagers got her arrested along with other accused through the police and although she made allegations against other persons, the police took no action to prosecute those persons under see. 363, 366 and 344, Indian Penal Code. THE Sub Divisional Magistrate, Gulabpura felt satisfied with the case put forward by Mst. Gita and dropped the proceedings under sec. 109 and 55, Criminal Procedure Code, against her. He further sent her written statement to the Circle Inspector Police for necessary action. A case under Secs. 363, 366 and 344, Indian Penal Code was registered by the police and eventually the five persons were prosecuted for having kidnapped Mst. Gita. THE Sessions Judge, Bhilwara, who tried the case, convicted three persons and in para 15 of his judgment made certain observations with regard to the conduct of the petitioner. THEse observations read as follows : - ¦ "before parting with the case, I think I would be failing in my duty if the curious part depicting the sheer mockery of law played by the S. H. O. Badnore is not discussed. It is the case of both the parties that Kalbelias and the girl Mt. Gita were taken to the police station, Badnore. According to the statement of this girl she related her woeful tale to the S. H. O. Badnore and all what had happened to her and it is further in her statement that she was kept in police station for three days, and thereafter produced before the S. D. M. Gulabpura and for what : To face a charge for proceedings under Sec. 55/109 Cr. P. C. against herself. Gita was then a girl of about 14 years of age. She had already suffered a lot at the cruel hands of the accused persons and what could have been the data against the girl of about 14 years of age to be proceeded against under Sec. 55/109 Criminal P. C. What reckless disregard of duty, what colossal ignorance of knowledge of law and what perverse sense of justice must have been in the mind of that S. H. O. He did not register the case for offences under sec. 366 and 376 etc. , against the accused persons. He did not giveany consolation to the poor girl, who deserved the utmost sympathy one could show. He did not allow the mother and the girl to meet and instead filed a complaint against the innocent and troubled girl under sec. 55/109 Cr. P. C. Is it not all shocking ? One fails to understand why he did not stand to the occasion and tried to bring laurels to his department by bringing the accused persons to book. But for reasons not conceivable, he acted in a most shameful and understandable manner and tried to lower the prestige of the department to which he belongs ? To say the least, he is not at all fit to hold any responsible post, much less the post of a S. H. O. in the department, the duty of which is to maintain law and order. But for the action on the part of the learned S. D. M. Gulabpura, Shri Chatersingh P. . 1, the case perhaps would not have seen the light of the day and the accused of such a heinous crime would have gone unpunished and the poor girl Mst. Gita would have been shut again (who knows for how many more years to come) from the rest of the world and would not have been able to see her mother and the other relations. " A copy of the said judgment was also forwarded to the Inspector General of Police, Rajasthan, Jaipur. THE petitioner has felt seriously aggrieved by these observations made with regard to his conduct and has consequently approached this Court for their expunction.