'Primary Duty Of IO To Assist Court In Expeditious Disposal Of Criminal Cases; Supply Complete Documents To Accused': Delhi Court In Riots Case

The Principal District & Sessions Judge, North East District of Karkardooma Court has stayed the direction by way of which show cause notice was issued to the Investigating Officer and Deputy Commissioner of Police, North East over their failure to ensure supply of coloured photographs as well as CCTV footages to all accused persons in cases concerning the Delhi riots.

Principal District & Sessions Judge Ramesh Kumar was dealing with a revision petition challenging the order passed by Chief Metropolitan Magistrate Arun Kumar Garg dated October 23, which had sought explanation from the two as to why appropriate action as per law including under Section 60 r/w section 122 of Delhi Police Act be not taken against them for non compliance of directions of the Court.

Section 122 contemplates Penalty for making false statement, etc., and for misconduct of police officers.

Perusing the impugned order, the District & Sessions Judge directed the IO that in order to avoid undue delay, the accused in the matter be supplied the deficient coloured photographs and CCTV footage within a week.

"It is pertinent to mention that the primary duty of the IO in criminal matters is to assist the Court in expeditious disposal of cases and it is the duty of the IO to supply complete set of documents to the accused, in criminal case, within the statutory period," the Court observed at the outset.

The Court also directed the IO to remain present before the CMM Court on the next date of hearing with his appropriate explanation regarding non­-compliance of the order.

"So far as directions regarding issuance of show cause notice to the DCP, NE, seeking his explanation as to why appropriate action, as per law, including under Section 60 r/w Section 122 of the Delhi Police Act, be not taken against him, stands stayed till the next date of hearing," the Court added.

Case Title: State of NCT of Delhi v. Vinod

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