Delhi High Court has issued notice in a plea moved by a police officer seeking quashing of an FIR against him which was registered for offences punishable under the SC and ST (Prevention of Atrocities) Act, 1989.
The plea has been moved under Section 14 of the said Act against the order dated 29/02/20, passed by the Additional Sessions Judge, wherein the state was directed to register an FIR against the Appellant under Section 4 of the SC and ST (POA) Act.
Senior Advocate Vikas Pahwa, who appeared for the Appellant, argued that the Appellant was the investigating officer in case FIR No. 261/2019 for offences under Section 3 of the SC & ST (POA) Act registered on the complaint of the Respondent No. 2 and that he in discharge of his official duty has conducted fair, impartial and bonafide detailed investigation and filed the charge sheet on 16.08.2019.
Mr Pahwa further submitted that on bare reading of Section 4 of the Act it shows that no order directing the registration of FIR against the investigating officer for wilfully neglecting the duties can be passed without any administrative inquiry having been conducted which could prove that the appellant wilfully neglected his duties. Mr Pahwa also informed the court that till date no FIR has been registered against the Appellant. Meanwhile, the counsel appearing for the state submitted that she needs time to file the status report and she is not aware as to whether FIR till date has been registered or not.
In light of these developments, the Single Bench of Justice Rajnish Bhatnagar issued notice to the state and asked it to file a status report under the signatures of Joint Commissioner of Police.
Moreover, the court directed, that if FIR has not been registered against the Appellant till date, the said registration is stayed till the further orders of the court.
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