- (1.) In connection with a sessions trial relating to offences punishable under Section 76/ 1 / 4 of the Indian Penal Code, while passing an order of acquittal, the Learned Additional Sessions Judge, Fast Track, rd Court, Barrackpore, North 24-Parganas, made some remarks against the present petitioner, who happened to be the Inspector-in-Charge of the Titagarh Police Station and the Investigating Officer of the case and directed for initiating disciplinary proceedings against them. The petitioner has now moved this Court invoking its inherent jurisdiction praying for expunction of such remarks and for quashment of the order for initiation of disciplinary proceedings against him.
(2.) Heard Mr. Sekhar Basu, the Learned Counsel appearing on behalf of the petitioner as well a Mr. Alok Roy Chowdhury appearing for the State. Perused the impugned Judgement and order and other materials on record.
(3.) The remarks, the expunction of which has been sought for, are quoted below; "In the Court victim has stated that accused persons took her to a Nursing Home at Sodepur and in that Nursing Home her pregnancy was terminated. It is true that the above allegations of the victim may be true or false. But the P.W. 7 being the I.O. of the case has admitted in Court that without any medical document he has submitted charge-sheet against the accused persons under Section 1 of the Indian Penal Code as per the instruction of the I.C., Shyamal Sarkar. For such type of negligent act of the P.W. 7 and the said I.C. the victim in a case of rape did not get justice in respect of her claim for abortion of her pregnancy. On the other hand, the said charge-sheet under Section 1 of the I.P.C. against both the accused persons are illegal because without any medical proof the P.W. 7 has submitted the said charge-sheet under Section 1 of the Indian Penal Code against both the accused persons causing injustice to them." "According to the Police Regulation of Bengal, the I.C. concerned is duty bound to supervise the investigation made by the subordinate police officer under him. But the above materials on record sufficiently proved that the P.W. 7 has investigated this case negligently and illegally and I.C. Shyamal Sarkar has supported the said negligent and illegal investigation made by the P.W. 7 causing injustice to both the victim and the accused persons of the case." .. .. "Let a copy of the relevant portion of this order be sent to the Superintendent of Police, North 24-Parganas by name directing him to start a proceeding against Sub-Inspector Md. Imran Hossin, the Investigating Officer of the case and Inspector-in- Charge, Shyamal Sarkar for their negligent and illegal investigation and take stringent action against them and submitting compliance report to this Court within one month from the date of receipt of this order.";