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[Abduction Case] Serious Allegations Against Police For Misuse of Authority During Investigation, Delhi HC Directs Commissioner To Look Into The Matter [Read Order]

Karan Tripathi
30 Jun 2020 1:07 PM GMT
[Abduction Case] Serious Allegations Against Police For Misuse of Authority During Investigation, Delhi HC Directs Commissioner To Look Into The Matter [Read Order]
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In light of certain serious allegations raised against some police officers of Sonia Vihar Police Station for allegedly misusing their authority during the investigation, the Delhi High Court has decided to transfer the case to the Crime Branch.

The Division Bench of Justice Vipin Sanghi and Justice Rajneesh Bhatnagar has also directed the Commissioner of Delhi Police to consider the allegations raised by the Petitioner, and if a case is made out for misuse of authority, take appropriate action against the concerned Investigating Officer.

The order has come in a habeas corpus petition filed by a father seeking the production of his daughter who went missing on June 11. Despite making multiple complaints and even a representation to the DCP, no case was registered. This forced the Petitioner to move the court.

As per the status report filed by the police, it appeared that the Petitioner's daughter, who was discovered in Kolkata, was abducted by a man who had threatened to kill her, leak her private photos, and also established physical relationship with her.

The Petitioner submitted that he was made to bear all the expenses of the police's travel to, and stay at, Jaipur and Kolkata, and the Petitioner was even made to host a party for the police personnel at Jaipur.

The Petitioner further submitted that when the his daughter was taken for medical examination, the IO insisted that her internal examination be not conducted, since she had taken a bath after establishing a relationship with the accused. On that basis, the physical examination was not conducted, even though the Petitioner's daughter wanted her internal examination to be conducted.

While observing that there was an inordinate delay of 8 days in lodging of the FIR and the police was absolutely inconsiderate of the complaints filed by the Petitioner, the court noted that if the statements made by the Petitioner are true they raise serious concerns about the functioning of the police force.

The court further observed that these allegations raise a serious question about the role played by the police as the police is not supposed to take call on aspects such as these.

Therefore, the court observed:

'We also direct the Commissioner of Police to grant an audience to the petitioner and his counsel, and they shall disclose to him the manner in which the police has allegedly misused its authority. They shall produce all the documents/ bills to substantiate their claim that they expended amounts for the travel, lodging and boarding of the police party at Jaipur and Kolkata. The Commissioner of Police shall examine all the material, including by calling upon the SHO, PS Sonia Vihar to produce proof of expenditure incurred by the Police Department for the said visits, and on that basis, if a case is made out of misuse of authority, take appropriate action against the IO/ SHO and all other concerned. In case the grievance of the petitioner is found to be fully/ partially justified, the Commissioner of Police shall order refund of the amounts expended by the petitioner for taking the police party to Jaipur and Kolkata and to host them at the said locations.'

The Commissioner is further directed to file an Action Taken Report in this regard before the next date of hearing.

Click Here To Download Order

[Read Order]

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