Delhi court stays show cause notice issued to SHO for non-registration of FIR
Dec 27, 2022
New Delhi [India], December 27 : A Delhi Court has recently stayed the show cause notice issued to a Station House Officer (SHO) of Delhi Police for non-compliance with a magistrate court order asking for the registration of an FIR.
Earlier a Magistrate Court on August 25 directed the SHO to register the FIR in a death case, but he failed to comply with the order. Thereafter the court issued a show cause notice to the SHO and Investigation Officer.
The Magistrate Court had ordered the SHO Adarsh Nagar to register the FIR, but the order was not complied with. Thereafter, the court issued the show cause notice asking him why would it not initiate contempt proceedings against him.
Additional Sessions Judge Satish Kumar of Rohini Court stayed the December 16 order on the show cause notice to the SHO.
The Court has also stayed the order of August 25, 2022, ordering the registration of FIR in a complaint case. Now the matter has been listed for January 16, 2023.
Advocate Rishabh Jain, counsel for the SHO, submitted that "the order passed by the magistrate court to get an FIR registered in the case where the deceased died because of a heart problem, will create a wrong precedent and therefore both orders passed by the trial court may be stayed."
The Magistrate Court on December 16 had ordered that the SHO Adarsh Nagar and other Police officers of the police station were duty bound to obey the orders passed by this court to immediately register FIR.
The Court said, "Instead of obeying orders passed by this court they are misleading this court and their inaction in registration of FIR in terms of order of August 25, 2022, depicts that they have no regard towards the sanctity of judicial institution and they are trying to protect the accused."
From the conduct of the SHO concerned it appears that he is deliberately not registering the FIR in terms of the court order and the conduct of the SHO and IO is nothing but creating hindrances in the judicial process and their approach is a miscarriage of natural justice, the Court had remarked.
In view of the present facts and circumstances above stated, this court is constrained and directed to ensure the DCP concerned to register the FIR in the present matter as SHO Adarsh Nagar has failed to comply with the orders passed by this court. SHO and IO are also directed to show cause as to why the contempt proceedings not be initiated against them, the court added.
