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During
the period from 1957 to 1960, I was working as Magistrate
at Bantwal. Belthangady taluk also fell within my jurisdiction.
There was no separate Court at Belthangady at that time.
There
was one Assistant Engineer (Present designation A.E.E)
in the P. W. D. at Belthangady, who was very honest and
hard working. One day, he noticed freshly cut branches
of trees piled up in the compound of a hotel in Belthangady
and on making enquiries with the hotel keeper, came to
know that they were branches of road side trees sold to
him as firewood by the P.W.D. supervisor.
The
Assistant Engineer then recorded the statement of the
hotel keeper, signed the said cut branches of trees under
a mahajar drawn up at the spot and made a complaint to
the police against the P.W.D. supervisor for having illegally
sold the said branches. He enclosed the statement of the
hotelier and the mahajar to the complaint.
The
Belthangady police registered a case and submitted the
F.I.R. to the Court at Bantwal along with the complaint
of A.E, mahajar and the statement of the hotel keeper.
Thereafter, the supervisor was kept under suspension.
About
1-½ years later, the said supervisor filed a writ
petition in the High Court, alleging that the A.E. had
booked a false case against him and that he had been kept
under suspension unnecessarily, with no further action
having been taken by the Police.
The
High Court then directed the Police to complete the investigation
and file the final report within a month. Accordingly,
the S. I. of Police, Belthangady submitted the charge
sheet to the Court, within a week.
When
the charge sheets are received, it was the duty of the
Bench clerk of the Court to put up the charge sheet along
with the F.I.R. and other records to the Magistrate for
registering a case. In this particular case, the Bench
clerk Sri. Parameshwar informed me that the F. I. R and
other records sent with the F. I. R. were missing, even
though an entry was found in the Inward Register for having
received the F.I.R, but no entry was found in the Outward
Register for having sent back the same.
Since
the Bench clerk was a very honest and faithful, I had
the fullest confidence on him. His wife was rolling beedies
in her house to meet the expenses of the family. So I
first asked the Sub – Inspector of Police, Belthangady
to find out if the concerned F.I.R and the connected documents
were available in the Police station.
After
a few days, he reported that in spite of search made,
the records were not traceable in his police station.
Thereafter,
I and all my staff of the court made a thorough search
of all the pending files, as well as all the disposed
off files consigned to the Record Room, every evening
after court hours for about 10 days. We could not however
trace the said F.I.R. and connected records.
If
the P.W.D. supervisor was to be acquitted for want of
original records, it would have cast a slur on the Court
and its staff, besides making it necessary to institute
an enquiry. I was therefore quite worried when the said
records could not be traced in spite of making all efforts.
I
then prayed to God and literally bundled up my worries
and handed over the same to HIM saying that it was left
to him to do whatever he wanted. Surprisingly, I felt
quite as peace after so handing over my worries to him.
You
may believe it or not or claim that it is only a coincidence.
After a few days, a constable from Belthangady Police
station came to court and produced the missing records.
He told that on account of the Station Writer having been
transferred, the wooden box in which he was sitting and
carrying out his work was opened and that the missing
records were found inside that wooden box.
I
thanked God and felt grateful to HIM.
Sri. Venkat Rao, Retired District and Sessions Judge, Saraswathipuram, Mysore. Click here if you would like to Contribute or send a feedback. Click here to go to the main page of Memoirs of a Judge. Click here to read more about Law. |