In an unprecedented case of mistaken identity sub-inspector Banwarilal, erroneously lodged an FIR against the Additional Chief Judicial Magistrate (ACJM) Nagma Khan under Sections 380 and 411 of the Indian Penal Code for theft and receiving stolen property in Firozabad, Uttar Pradesh.
Section 380 of the Indian Penal Code (IPC) deals with theft in a building, tent, or vessel used as a dwelling or for property custody, punishable with imprisonment up to seven years and a fine. Section 411 of the IPC, on the other hand, addresses the offense of dishonestly receiving stolen property, where the receiver must have reason to believe the property was stolen.
The Court had earlier issued a proclamation under Section 82 of CRPC against accused Rajkumar alias Pappu in accused in a case of theft in 2001 state Vs Rajkumar & Others (Case No. 2672/2012, CNR No. UPFD040019132012).
However, Sub-Inspector Banwari Lal committed a blunder by getting a non-bailable warrant (NBW) issued against the judge who issued the proclamation as the so-called accused.
Not only this, the confused cop tried to look out for the judge after writing her name in place of the accused on the proclamation order.
Expressing displeasure over this serious error, the court remarked: “It is extremely strange that the officer on duty at the concerned police station is not aware of what was sent from the court, who sent it and against whom it was sent. The worst part is that the judge who issued the proclamation has been made the accused.”
The mix-up emerged came to light when sub-inspector Banwarilal, assigned to serve a court notice to the suspect Rajkumar, informed the chief judicial magistrate, Nagma Khan, that he tried to look for the accused Nagma Khan who could not be found at her home despite a detailed search.
The Sub Inspector told the court that no accused by that name lived there at the said address and respectfully asked her to pass further orders.
Magistrate Khan said in her order dated March 24 that it was quite bizarre that “The serving officer of the concerned Police Station who was supposed to comply with the proclamation issued under section 82 CrPC seems to have been lacking basic knowledge of what was asked in the proclamation on his part. It seems he has not even read it properly. Such patent and grave error on his part reflects poorly on his working as a police officer as he knows nothing of the duties enjoined on him,” she added.
Judge Nagma Khan, then asked the police officers present in the court to “exercise the highest level of care”.
“If such negligent police officials are made free to serve processes in such a blind form escaping consequences of their wrongs, they will run amok thus trampling upon the precious fundamental rights to liberty of anyone per their whims and fancies,” she added.
She called SI Banwari Lal’saction as “utter neglect and carelessness” and “gross dereliction” of duty.
She further directed senior police officers, including the Uttar Pradesh Director General of Police to take action against Banwarilal so that “such unwarranted acts” were never repeated in future.
