Bureau Prayagraj- The Allahabad High Court expressed strong displeasure over the suspension of an investigating officer by the Basti Superintendent of Police, terming it prima facie contempt of court. tell me, This matter came to light at that time, When the investigating officer had obtained a non-bailable warrant to ensure the appearance of the accused.
Justice J.J. The division bench of Munir and Justice Tarun Saxena said that the suspension order issued by the SP Additional Chief Judicial Magistrate-2, Looks like disobedience to township orders. The magistrate had issued the warrant after considering the application of the investigating officer.
The case is related to the criminal writ petition filed by Ratnesh Kumar alias Raju Shukla. During the hearing, the court was told that as soon as the investigating officer applied for non-bailable warrant against the accused, He was immediately suspended.
The High Court had already asked the SP to file a personal affidavit and clarify under what circumstances this action was taken and who is now investigating. However, the court did not find the affidavit filed on April 2 satisfactory.
The additional affidavit filed by the petitioner said that the investigating officer was suspended on the ground that he obtained a non-bailable warrant without gathering sufficient evidence. On this, the High Court took a tough stand and made it clear that issuing non-bailable warrant is the prerogative of the court., Not a matter of opinion of the Superintendent of Police.
the court said“Court has discretion to issue warrant, “Not a process dependent on the opinion of the Superintendent of Police.” Directing the SP to file a fresh personal affidavit within a week, the court asked how the investigating officer was accused of taking the warrant without evidence when the warrant was issued by the court at its discretion.
The High Court warned that if a satisfactory reply was not given, criminal contempt proceedings could be initiated against the SP. The next hearing of the case was scheduled for April 10.
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