Court refuses to extend period of investigation in a case under MCOCA, says, " Can't be extended mechanically"
Mar 20, 2024
New Delhi [India], March 21 : The Delhi Tis Hazari Court has refused to extend the period of investigation of a case registered under MCOCA. The Court said that the period of investigation cannot be extended mechanically. This case is related to the infamous Salman Tyagi gang.
Delhi Police had sought an extension of 90 days to complete the investigation related to two accused who were arrested in December 2023 and Additional Sessions Judge (ASJ) Shivali Sharma dismissed the application moved by the Investigation Officer (IO) seeking an extension of time to complete the investigation related to Saurabh Kumar alias Bhinda and Rohit.
"In the present case, the investigation agency or prosecution failed to bring on record any specific reason for the detention of accused persons beyond 90 days," ASJ Shivali Sharma said in the order passed on March 19.
"Merely the IO is investigating the matter in a casual manner and issuing notices at the fag end of 90 days to create grounds for extension of period, the extension cannot be granted," the court held.
The court clarified that though the investigation is prerogative of the investigation agency, however, it is also a fact that provisions contained in the Cr.PC, especially Section 167, is mandatory in nature and give a right of statutory bail in favour of the accused in case the investigation is not completed within the scheduled time.
As per Delhi police An FIR under MCOCA was registered at police station Hari Nagar on August 23, 2019. Police have arrested 18 of the 26 accused. 14 accused persons have been charge-sheeted. One charge sheet and five supplementary charge sheets have been filed. An investigation related to Bhinda and Rohit is pending.
It was submitted by Advocate Deepak Sharma, counsel for accused Saurabh Kumar, that the present application is not maintainable in the eyes of law as it does not show any progress in the investigation and no reason is given to keep the accused persons in custody beyond a period of 90 days.
It is settled law that an investigation agency is required to first investigate the matter and if there is sufficient ground for arrest, then only the accused should be arrested, Advocate Sharma argued.
