A.P.SAHI,J. - (1.) THIS is an appeal against the judgment of a learned Single Judge dismissing a writ petition filed by the appellant.
(2.) THE petitioner is a Sub Inspector of Police who has questioned the correctness of the order dated 3rd February, 2010 passed by the learned Chief Judicial Magistrate in compliance whereof the Office of the Deputy Inspector General of Police, Meerut has proceeded to command the concerned authority to deduct salary of two months that has been imposed as a pecuniary punishment by the learned Magistrate, in the purported exercise of powers of Section 29 of the U.P. Police Act, 1861. The punishment has been imposed on an allegation that the petitioner has wilfully committed breach of duty by not complying with the order of the Magistrate in a criminal case which involved the abduction and custody of a minor girl.
(3.) AN F.I.R. was lodged under Section 363/364 I.P.C. being case crime No. 311 of 2009. The alleged minor Km. Rukhsar along with the accused Saleem filed Writ Petition No. 10884 of 2009 for staying their arrest and consequently this Court vide order dated 16th June 2009 directed that the arrest of the petitioners therein namely Rukhsar and Saleem shall remain stayed provided they cooperate with the investigation. The other co-accused also filed a writ petition challenging the same F.I. R. in which an order was passed that the victim Km. Rukhsar shall appear before the learned Chief Judicial Magistrate within 30 days for recording of her statement under Section 164 Cr.P.C. whereupon the Magistrate shall proceed to record the same in the presence of the Officer-in-charge of the Police Station for identification and thereafter she shall be medically examined. This was to be attended to by the Investigating Officer.;