HARISH CHANDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner was posted as Police Inspector in P.S.- Doranda in the year 2010. Petitioner had submitted a report to the S.D.M., Sadar, Ranchi, recommending to take action against Sardar Yogendra Singh as well as Arun Kumar Singh under Section 144/ 145 Cr.P.C., on the ground that there was apprehension of breach of peace pertaining to the possession over the property in question. On the report of the petitioner, learned S.D.M., Sadar, Ranchi, had taken cognizance and initiated proceedings under Section 144 Cr.P.C. by registering the case No. M- 432 of 2010. Sardar Yogendra Singh thereafter had moved an application before the Inspector General of Police, Ranchi stating that petitioner- Police Inspector under the influence and in connivance with the second party- Arun Kumar Singh, had submitted wrong report before the S.D.M., Sadar, Ranchi, recommending to take action under Section 144/ 145 Cr.P.C. On the application so moved, Inspector General of Police had asked the Superintendent of Police, City, Ranchi, to submit his report. The Superintendent of Police, City, Ranchi, had submitted in his report that a collusive report was forwarded by the petitioner to the S.D.M., Sadar, Ranchi, to take action under Section 144 Cr.P.C., under the influence of Arun Kumar Singh and, in fact, at the most, report could have been forwarded under Section 107 Cr.P.C. Accepting the report of the Superintendent of Police, City, Ranchi, D.I.G., South Chhotanagpur Region, Ranchi, vide impugned order dated 09.08.2011, had found the petitioner guilty for misconduct in submitting wrong report under Section 144 Cr.P.C. and had imposed the penalty of 'Black Mark'.

(2.) Feeling aggrieved, petitioner had preferred statutory appeal before the Director General of Police, which was dismissed, vide order dated 08.05.2012. Petitioner thereafter preferred present writ petition assailing both the orders.

(3.) Mr. Ananda Sen, learned counsel for the petitioner has vehemently argued that report so submitted by the petitioner was accepted by the learned Magistrate by taking cognizance thereon under Section 144/ 145 Cr.P.C. Mr. Sen has further argued that if a judicial forum has taken cognizance, then senior police officer has no competence to say that report should have been submitted under Section 107 Cr.P.C. and should have not been submitted under Section 144/ 145 Cr.P.C. According to Mr. Sen, the police officer cannot be permitted to sit over the judgment of the judicial forum.