9911796707
TMI Blog1964 (10) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... a constable in the erstwhile State of Patiala in 1933 and was at the relevant time in 1960 posted as Station House Officer, Police Station Dadri. While he was on patrol duty on the night between 7th and 8th of October, 1960, the petitioner is said to have arrested Hardeva and Mange Ram under section 55/109 of the Code of Criminal Procedure, who were subsequently released on bail and eventually discharged by the Court in a prosecution launched against them. The petitioner is stated to have accepted a bribe of ₹ 25/- from Lambardar Bhagat Ram on behalf of Hardeva and Mange Ram. 3. The proceedings against the petitioner were initiated on the report which was made by the Superintendent of Police, Mohindergarh District, on 6th of Febru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Punjab Police Rules as desired by you. Action taken by you may please be communicated to this office. It is submitted by Mr. Agnihotri on behalf of the petitioner that the procedure adopted by the Superintendent of Police both in letter and spirit is in contravention of clause (1) of Rule 16.38 of the Punjab Police Rules, Volume II. What is required under Rule 16.38(1) of the aforesaid Rules is this- Immediate information shall be given to the District Magistrate of any complaint received by the Superintendent of Police, which indicates the commission by a Police officer of a criminal offence in connection with his official relations with the Public. The District Magistrate will decide whether the investigation of the complaint sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Superintendent of Police has arrogated to himself the task which under the statutory rule has been assigned to the District Magistrate. The other ruling is of Pandit, J. in Gobind Singh v. D.I.G. of Police 1964 Curr. L.J. (P H.) 150, in which it was held that the report of the Superintendent of Police suggested that departmental proceedings be held against the petitioner and the order of the District Magistrate accorded the necessary sanction without giving reasons contravened the provisions of Rule 16.38(2) of the Punjab Police Rules. It may be added that under Rule 16.38(2) what is required is that When investigation of such a complaint establishes a prima facie case, a judicial prosecution shall normally follow; the matter sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
