Delhi court asks Police to register FIR against Constable accused of throwing man from roof
Jul 02, 2020
New Delhi [India], July 2 : A Delhi Court has ordered the police to register an FIR against a constable and his aides, who are accused of throwing a man from the roof of a building, and directed to take strict action against the erring officials who tried to sabotage investigation in the matter.
Metropolitan Magistrate Pranav Joshi expressed his utmost displeasure in the manner in which the complaint was dealt with by the police officials and asked the police to lodge an FIR against Constable Praveen, his aide Prateek and Chotu.
The court was hearing a complaint filed by one Rekha, who alleged that accused Constable Praveen, his aide Prateek and Chotu had thrown her husband from the roof of a building on June 14. The man has suffered grievous injuries and is still critical in AIIMS Trauma Centre. Praveen is deployed in Burari Police station as constable.
It said that the complaint discloses commission of cognizable offence and thus, there was no scope of any inquiry. "An FIR ought to have been registered as soon as the complaint was made by the complainant. What ought to have been done during the investigation, was actually done under the garb of inquiry," the court said.
Court said that the allegations levelled against the accused persons are very serious in nature and demand an independent probe.
Police have maintained before the court that the allegations made by the complainant against constable Praveen and others could not be substantiated during the inquiry conducted.
The court however clarified that "registration of an FIR does not always mean arrest of the accused person and if the version given by the complainant is not substantiated, a closure report can always be filed."
It also made it clear that the complainant can be prosecuted for false complainant. The court said that the truth about the allegations of a cognizable offence can only be discovered during the investigation and thus proper course of action is to register an FIR as soon as a complaint is being made which, from the allegations made therein, discloses a cognizable offence.
It also said that it appears prima facie from the inquiry conducted and the course of action adopted in doing so that attempts were being made at, by the Burari police, to sabotage an independent probe into a cognizable offence where allegations are also made against a police official. The court has asked DCP concerned to file a reply within 10 days and Burari SHO to file compliance report within a week.
The complainant alleged that constable Praveen with others beat up Rajesh over a dispute. Praveen's friend Prateek has alleged that the complainant's minor daughter had stolen a diamond ring from his house. However, the Complainant's daughter has denied the allegations. The woman filed a written complaint on June 18 but no action was taken.
