JUDGEMENT
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(1.) THE police force, which is an important organ of the Government, has to function thoroughly and efficiently as an impartial agent of the law of the land. The commitment, devotion and
accountability of the police has to be only to the rule of law. The supervision and control by the top
police officers has to be such that it ensures that the police serves the people without any regard,
whatsoever, to the status and position of any person while investigating a crime or taking
preventive measures. Its approach has to be service oriented. If the police force is misused to
satisfy some individuals or vested interests and on account of the same the police force indulge in
the omission and commission, the rule of law will become casualty.
(2.) WE are reminded of the above observation made by the Supreme Court in Prakash Singh and others V/s. Union of India, 2006 8 SCC 1, while dealing with the facts of this case. In our view due
to the acts of omission and commission by the Inspector General, Deputy Inspector General and
Superintendent of Police, we feel that a great damage has been done to the image of the police
force of the Jharkhand State.
The chequred history containing the short facts are these.
(3.) BY the note dated 7.10.2006, submitted by the Registrar General, indicating that Additional Chief Judicial Magistrate, Garhwa Mr. B.K. Mishra has recalled the warrant of arrest against
accused of Meral P.S. Case No. 89 of 2006, Bhawanathpur PS. Case No,. 132 of 2005 and
Bhawanathpur PS Case No. 53 of 2006, on the basis of the requisition given by the Investigating
Officers in these cases that the investigation in these cases have been stayed by the Inspector
General of Police, the Registrar General has brought to the notice of the Zonal Judge, Justice
Amareshwar Sahay about the publication of daily newspaper dated 6.10.2006 and also about his
verification of the records called for from the Court concerned, requested the learned Judge for
direction in the matter for taking action against concerned for adopting illegal procedure. The
learned Zonal Judge, after perusal directed the Registry to place it before the Chief Justice, who in
turn directed the Registry to place it before the 1st bench for initiating suo moto action. Accordingly,
the same is placed before this Bench.;
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