JUDGMENT :

G.A. SANAP, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

2. In this criminal revision application, challenge is to the order passed by the learned Special Judge (N.D.P.S. Act) dated 08.04.2022 whereby, the learned Judge has directed Special I.G. Nagpur Zone and Superintendent of Police, Nagpur (Rural) to take action for registration of crime against PW-10 Aashish Devidas Morkhade, Investigating Officer for the offences found to have been prima-facie committed by him.

3. The relevant facts are as follows:

The applicant-Aashish Devidas Morkhade is Police Sub Inspector. At the relevant time he was attached to Police Station, Butibori, Nagpur. Crime bearing No. 318/2021 was registered at Butibori Police Station for commission of offences under Section 20(b) and Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred as N.D.P.S. Act) against three accused persons. The contraband recovered in the case was Ganja weighing 78.360 Kg. The investigation for the said crime was entrusted to the applicant. He carried out the investigation from 27.08.2021. Prior to this date the investigation was carried out by A.P.I. Shri Manik Choudhary. After completion of the investigation, the charge sheet was not filed within time namely within 180 days from the date of the production of the accused before concerned Court for remand. The accused, therefore, on 25.01.2022 applied for bail under Section 167(2) of the Cr.P.C. in short default bail. The prosecutor filed the say in the said proceeding. The Special Court by order dated 28.01.2022 allowed the bail application and granted bail to the accused on the ground of failure of the applicant to file the charge sheet within time.

4. Learned Special Judge while passing the bail order made certain observations against the applicant. The learned Judge at the stage of deciding the bail application prima-facie found that this act of the applicant was an offence punishable under Section 59(1) of the N.D.P.S. Act. While deciding the bail application the direction was issued to the Special I.G. Nagpur Zone and Superintendent of Police, Nagpur (Rural) for initiating necessary action against the applicant. It is to be noted that pursuant to this direction, departmental proceeding was initiated against him. He was suspended.

5. The prosecution adduced the evidence in the main trial. The Special Judge by his order dated 08.04.2022 convicted and sentenced the accused. The learned Judge on consideration of the facts, circumstances and available evidence on record prima-facie found that this act on the part of the applicant was intentional and as such it was an offence under Section 59 of the N.D.P.S. Act. The learned Judge accordingly issued the direction to the Special I.G. Nagpur Zone and Superintendent of Police, Nagpur (Rural) for registration of crime at appropriate Police Station against PW10 Aashish Devidas Morkhade.

6. Being aggrieved by this order, the applicant has approached this Court. It is the case of the applicant that there was no negligence or any misconduct on his part. It is his case that delay occasioned for filing of the charge sheet was properly explained by him. It is further stated that he has been facing the department proceeding for this lapse. It is further stated that the learned Special Judge has no jurisdiction to issue such direction. According to the applicant, he took all possible steps to file the charge sheet within time. However, due to the circumstances which were beyond his control, he could not file the same within time. It is, therefore, submitted that the order which would ruin his entire service career needs to be set aside.

7. The Police Inspector, Police Station Butibori, filed his detailed affidavit and opposed this application. In short, in his reply, the in-charge of the Butibori Police Station has stated that the order passed by learned Special Judge is in accordance with l