Delhi police files untrace report in 8-year-old case, Court issues notice to all Investigation Officers
Jan 31, 2023
New Delhi [India], January 31 : The Tis Hazari court in the national capital has directed all investigation officers (IO) of an eight years old case to appear in person in connection with a case related to threat calls and abuse to a person in Delhi.
The case was registered under the Information Technology Act in October 2014. After a long period of eight years, the Delhi police filed the untrace report on Monday.
The IOs have been called in view of the submission made by the counsel for the Complainant that the URLs, mobile phone, laptop, and pen drive handed over to them (IOs) have not been made a part of the untrace report.
There are eight IOs in the case, including four Assistant Commissioner of Police (ACPs) and four Inspectors of Delhi police.
Metropolitan magistrate Neha Mittal on Monday issued the notice to all IOs through the Deputy Commissioner of Police (DCP) to appear for the hearing on February 4, 2023.
The court said, "In view of the submissions made, all the IOs are directed to appear in person. Notice to all the IOs through the concerned DCP for NDOH [Next date of hearing]."
Advocate Rishabh Jain, the counsel for the complainant, submitted that he had provided all the details of the calls received by him alongwith the URLs, mobile phone, laptop and a pen-drive to IO Inspector Anil Dureja, however the same was not made a part of the untrace report.
The matter pertains to a complaint filed by one Vineet Mittal who alleged that some unknown persons had made hundreds of calls to his mobile number and started abusing him.
He also alleged that when he opposed the act, the callers gave him life threats, and a written complaint of the same was given at the Sarai Rohilla police station in October 2014.
A copy of the complaint was also given at the office of DCP, North District, Delhi.
On the complaint, a First Information Report (FIR) under sections 67 of the IT Act and 506 of the Indian Penal Code (IPC) was registered. The SHO Inspector Anil Dureja was the first IO of the said FIR.
It has also been alleged that the investigation was not conducted as per the norms specified in the law. Thereafter, the complainant filed an application in Tis Hazari Court for monitoring the investigation as per the Judgment of Sakiri Basu Versus the State of Uttar Pradesh.
The complainant had also filed several complaints regarding the incompetence of the first IO. The said complaint was also given in the office of DCP, after which the investigation was transferred to the District Investigation Unit (DIU), North District.
The Complainant's counsel also submitted before the court that the untrace report was filed without the seizure memo and details of the electronic devices used by the complainant at the time of the offence.
The initial IO had not complied with his public duties due to which the complainant had to face torture from hundreds of people who gave him threats and posted porn over the social media and WhatsApp number of the complainant, the counsel alleged.
