RAMPRATAP Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The Additional Chief Judicial Magistrate, Barmer, while accepting an application preferred under section 437 Code of Criminal Procedure, by an order dated 15.3.2013 directed the Additional Director General of Police (Vigilance), Police Headquarters, Jaipur, to proceed against Shri Rampratap, Deputy Superintendent of Police, Police Circle Balesar, District Jodhpur and Shri Loon Singh, Station House Officer, Police Station Sadar, Barmer with disciplinary action for their negligence in not filing the charge sheet within a period of 90 days as required under section 167(2) Code of Criminal Procedure. A direction was also given to inform the court about the disciplinary action taken against the erring officer. A challenge is given to the order aforesaid by Shri Rampratap, Deputy Superintendent of Police.

(2.) It is submitted that the Additional Chief Judicial Magistrate, Barmer exceeded his jurisdiction while giving direction to initiate disciplinary action and further to inform the court about the disciplinary action taken.

(3.) Heard learned counsel for the petitioner.