Sri Govind Agarwal, Superintendent of Police, Sultanpur, has filed affidavit, which is taken on record, indicating that the police officer could not have granted bail to accused Rafeeq, who is accused of committing an offence under Section 307 I.P.C.
It is a clear case wherein a police officer has exceeded his authority and jurisdiction in granting bail to a person, accused of a serious offence.
Substantial time, not only of this Court, but also of the Magistrate, has been wasted because now the said Rafeeq is not being arrested and proceedings under Sections 82 and 83 of the Code of Criminal Procedure are being initiated.
The affidavit does not satisfy the query of the Court as to what departmental action has been taken/initiated against the delinquent officer.
Let particulars of the action initiated against the delinquent officer be supplied by way of affidavit of Superintendent of Police, Sultanpur, indicating datewise departmental proceedings. Affidavit be filed before the next date of listing.
List after three weeks.
Order Date :- 3.4.2012 A.Nigam