The High Court dismissed the State's recall application regarding a malkhana register entry, finding evidence of purgery due to out-of-sequence entries and whimsical recording by the police officer.
Recall application No. 110 of 2013 is dismissed.
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MCRC No. 110 of 2013 In BA1 No. 624 of 2013
Hon’ble Alok Singh, J.
Mr. B.S. Parihar, Advocate for the applicant.
Mr. Raman Kumar Sah, A.G.A. for the State.
Mr. Rakesh Thapliyal, Advocate for the applicant in recall application.
Earlier recall application moved by the State Govt. was rejected vide order dated 20.06.2013. MCRC No. 110 of 2013
Perusal of the paper No. 28, photocopy of the malkhana register, of the recall application reveals that one page is assigned to a particular case wherein entries were made according to whims of the Police Officer. In fact, in the malkhana register, entries should be made serial-wise as per the actual movement of different case properties in and out the malkhana.
Perusal of paper No.28, photocopy of malkhana register, further reveals that entries of 22.03.2013 were made on the left side while entries dated 23.03.2013 were made prior to the entries of 22.03.2013 on the right side. It demonstrates purgery made in the police record.
Therefore, recall application No. 110 of 2013, on behalf of the Police Officer, is misconceived and is dismissed.
(Alok Singh, J.)
Dated 22.07.2013 Shiv
State
Alok Singh
As recorded by the court registry
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