Court Directs Suspension and Inquiry into Officer's Conduct Following Rejection of Anticipatory Bail
In a significant judgment passed by the Madhya Pradesh High Court, the conduct of a police officer has come under scrutiny for undermining judicial orders and misusing authority. The case involves the issuance of a notice under Section 41A of the Criminal Procedure Code, 1973, after the rejection of anticipatory bail, which the court deemed as a blatant disregard for judicial orders.
The judgment was delivered by Justice Milind Ramesh Phadke in response to a writ petition filed by the prosecutrix seeking the transfer of investigation to a credible agency. The petition cited illegal exemption from arrest and effective prosecution of the accused despite the dismissal of her anticipatory bail applications by both the Trial Court and the High Court. The accused was issued a notice under Section 41A Cr.P.C., effectively granting her protection from arrest and derailing the course of justice.
The court highlighted that such actions by the investigating agency reflect a disturbing disregard for the rule of law and raise serious concerns about favouritism and extraneous influence. The High Court emphasized that the issuance of notice under Section 41A Cr.P.C. without compelling justification, especially after rejection of anticipatory bail, undermines judicial orders and warrants disciplinary action.
Justice Phadke directed the Competent Authority to initiate departmental disciplinary proceedings against the officer involved. The court ordered the immediate suspension of the officer pending the inquiry to ensure an unbiased investigation. Furthermore, an officer not below the rank of Superintendent of Police will be appointed to conduct the inquiry, with a status report required within four weeks.
This judgment serves as a reminder of the importance of maintaining integrity and accountability within the police force to preserve public confidence in the criminal justice system. The court’s decision underscores the seriousness with which acts that defeat judicial orders and shield accused individuals are viewed.
Bottom Line:
Issuance of notice under Section 41A Cr.P.C. after rejection of anticipatory bail reflects a blatant disregard for judicial orders and raises serious apprehension of misuse of authority and extraneous influence.
Statutory provision(s): Criminal Procedure Code, 1973 Section 41A, Bharatiya Nyaya Sanhita, 2023 Section 35(3)
Prosecutrix v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc id # 2846353
