14 July 2021 9:09 AM GMT
Observing that the investigation was done in a farcical and casual manner, a Delhi Court has imposed a cost of Rs. 25,000 on Delhi Police while dismissing a revision plea filed by them challenging an order directing them to register a seperate FIR of one Mohd. Nasir who had recieved injuries in the North East Delhi riots.Pulling up the Delhi Police for its conduct, Additional Sessions Judge...
Observing that the investigation was done in a farcical and casual manner, a Delhi Court has imposed a cost of Rs. 25,000 on Delhi Police while dismissing a revision plea filed by them challenging an order directing them to register a seperate FIR of one Mohd. Nasir who had recieved injuries in the North East Delhi riots.
Pulling up the Delhi Police for its conduct, Additional Sessions Judge Vinod Yadav observed that the SHO Bhajanpura and other supervising officers have miserably failed in performing their statutory duties.
"The mandate of the Delhi High Court Rules, referred to by the learned counsel for the respondent has not been followed by either the police or by learned Illaka MM in the matter, which clearly goes on to establish that the investigation even in case FIR No.64/2020, PS Bhajanpura has been done in a most casual, callous and farcical manner." The Court said.
A criminal revision petition was filed by SHO Bhajanpura challenging the order passed by Metropolitan Magistrate directing it to register a seperate FIR on Nasir's complaint within 24 hours of the order.
It was the case of Nasir that during the riots, he had suffered gunshot injury in his left eye after one Naresh Tyagi opened fire upon him. He was taken to the GTB hospital thereafter wherein he was operated and discharged later on 20th March, 2020.
A written complaint was made to SHO Bhajanpura on 19 March last year wherein he had specifically named Naresh Tyagi, Subhash Tyagi, Uttam Tyagi, Sushil, Naresh Gaur and others as the assailants; however, no FIR was registered by the police.
Being aggrieved by this, he had approached the MM Court by way of petition filed under Section 156 (3) Cr.P.C on 17.07.2020.
In the meantime, an FIR was registered by the Delhi Police on the statement of ASI Ashok with regards to incident of rioting in Nasir's locality stating that besides Nasir, six more persons had suffered gunshot injuries on the said date and time.
It was thus the case of the police, that since an FIR was already registered, there was no need to register separate FIR on Nasir's compliant as the grievance stands addressed.
It was also submitted that since further investigation in the matter is still on and other persons are identified, the Police said that the supplementary chargesheet in the matter would be filed accordingly.
Hearing the submissions and the material on record, the Court was of the view that:
"No separate FIR has been registered on the subsequent complaint of respondent dated 03.07.2020, wherein he clearly stated about the threats to his life being extended by the persons named in his earlier complaint."
Furthermore, it said:
"Even otherwise, it has been held hereinabove that a separate FIR against the aforesaid persons is liable to be registered and after proper investigation in the matter and if the said persons are chargesheeted then they will be well within their rights to exhaust their remedies available to them in accordance with law."
"I do not find any merit in this revision petition. The same accordingly stands dismissed with a cost of Rs.25,000/- (Rupees Twenty Five Thousand Only) which shall be deposited with Delhi Legal Services Authority by DCP (North-East) within one week from today and the said amount shall be recovered from the petitioner and his supervising officers, who have miserably failed in their statutory duties in this case after holding a due inquiry in this regard. The interim order passed by this Court on 29.10.2020 stands recalled forthwith." The Court ordered.
Title: State v. Mohd. Nasir
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