High Court Pulls Up Delhi Police Over Non Appearance Of IOs, Says Criminal Justice Machinery Can't Be Left At Mercy Of Such Officials

The Delhi High Court recently pulled up the city Police over non-appearance of it's investigating officers before the Court in criminal matters.

Justice Chandra Dhari Singh termed the delinquency on the part of Police Department officers as most unfortunate, adding that the same must be strictly dealt with.

"It is observed by this Court that even in other cases as well the concerned Investigating Officer in those cases are avoiding appearance before the Court. The criminal justice machinery cannot be left at the mercy of the department and its officials where due to their negligence, cases are kept at abeyance and the entire machinery comes to a standstill," the Court said.

It added "Such a delinquency on the part of the Officers in the Police Department is most unfortunate and should be strictly dealt with."

The Court was dealing a plea seeking quashing of an FIR registered under sec. 498A, 406 and 34 of Indian Penal Code, at Police Station Nabi Karim, Delhi. Notice was issued in the petition on January 7.

During the course of hearing on February 8, while the parties appeared through Video conferencing, however there was no appearance on behalf of the Police Department on the first call.

Accordingly, the case was passed over and on second call, a Sub Inspector appeared, who on the asking of the Additional Public Prosecutor stated that the Investigating Officer of the case was not available for the date.

Accordingly, the APP had informed the Court that he has telephonically directed the Additional SHO to appear in the matter but despite the said direction, he had chosen not to appear before the Court.

"The Court is left with no other option but to direct the DCP, Central to personally look into the matter and seek written explanation from the concerned Investigating Officer/Officer concerned for his non-appearance in the matter today despite the instructions given by learned APP," the Court ordered.

The Court accordingly directed the DCP concerned to file an affidavit along with the written explanation of the Officer concerned within ten days.

The Court added that if the same is not done within the time frame, the DCP shall appear before the Court on the next date of hearing.

The matter will now be heard on February 24.

Case Title: TASLEEM & ORS v. THE STATE (GOVT OF NCT) OF DELHI & ANR

Citation: 2022 LiveLaw (Del) 130

Click Here To Read Order