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Judgment
D. P. S. Chauhan, J.—Counteraffidavit filed. Heard the learned counsel for the applicants and the learned Additional Public Prosecutor.
Learned counsel for the applicants submitted that the date of occurrence was 411990 and the F.I.R. was lodged on 431990 and on this submission was advanced that the F.I.R. was highly belated.
Learned Additional Public Prosecutor produced a copy of the F.I.R. which shows the date of occurrence and date of information as 411991 but at the bottom below and above the signatures of the Lekhan the date 421990 is mentioned.
However, in view of the averments made in paragraph 4 of the affidavit filed in support of the application, this Court issued a notice to the deponent of the affidavit, Shri Radhey Shyam, on 1631990, to show cause as to why proceedings under Section 340, Cr.P.C., may not be taken against him.
In para 2 of the counteraffidavit it is stated that the date of occurrence and date of lodging of the F.LR. is 421990 but, by mistake, the Munshi of P. S. Kotwali, Lalitpur, wrote 411990 istead of 421990.
On account of the pendency of the proceedings under Section 340, Cr.P.C. and the aforesaid incorrect facts, the applicants were deprived of their right from being released on bail for the fault of the Inspector.
The applicant''s Pairokar was not at fault as the F.I.R.''s copy was misleading. It is very serious this that the investigating Agency is behaving in such a reckless fashion and cannot be absolved from the liability only by saying that the mistake has been committed by the Munshi of the police station. It is the duty of the Inspector to be careful and he should have checked it and ensured that a correct copy of the F.I.R. is supplied to the Court as well as the applicants. In fact, it is the Inspector who is responsible for misleading the Court as well as the applicant''s Pairokar.
(8). On account of the negligence of the Inspector, Shri Radhey Shyam, the applicants'' Pairokar, has suffered humiliation for which he shall be paid over Ks. 1, 000/ by the Senior SubInspector, Shri Ram Kishore Maurya, with in two weeks from today.
The learned Additional Public Prosecutor should see that the order is complied with. He will further intimate the concerned authority to see that no such mistake reoccurs.
The notice dated 1631990 is discharged.
Notice discharged.