A Delhi Court on Tuesday pulled up the Delhi Police officials including an SHO over lack of coordination and their confused conduct in connection with a North East Delhi riots case.
Additional Sessions Judge Amitabh Rawat directed that the copy of the order be sent to Special Commissioner of Police, Division- I (Law and Order) for ensuring better coordination between the police officials and prosecution and for effective prosecution of the riots cases.
The FIR was registered under sec. 147, 148, 149, 427 and 436 of IPC.
The Prosecution had moved an application seeking transfer of the matter to the Metropolitan Magistrate Court on the ground that sec. 436 ( Mischief by fire or explosive substance with intent to destroy house, etc.) of IPC is not made out in the matter.
While the SHO and two other police officials apprised the Court that the Special Public Prosecutor was not available for the day, the Court quizzed the police as to how can the police seek transfer at a later stage when it has earlier opposed the aforesaid charge.
"This application was filed by you only right? Is this a joke? Is police custody a joke? You yourself don't know what to do. When is sec. 436 IPC invoked? Does this FIR contain ingredients of sec. 436?" The judge asked the SHO.
After being pulled up by the Court, the police informed that it wishes to withdraw the application. On this the judge said:
"You opposed the bail application. You filed the Chargesheet. First if of all all three of you officers decide what to do. Your stand is changed in an hour. Your understanding is changed suddenly."
On this, the Court recorded that the concerned police official themselves were confused as they first moved an application stating that sec. 436 IPC is not made out and asking for transfer of the case and thereafter wanted to withdraw the same after taking to the SPP after finding it meritless.
"This is not a proper way of conducting the case. The present application for transfer of this case to the court of Ld. MM stands dismissed as withdrawn," the Court recorded in its order.
Title: State Vs. Shahrukh @ Rinku & Ors.