Sessions Court in Delhi stays magistrate court's order directing FIR against cops
Jan 01, 2022
New Delhi [India], January 1 : Delhi's Sessions Court has stayed a magistrate court order directing to lodge a First Information Report (FIR) against the concerned Station House Officer (SHO) and erring police personnel.
Additional Sessions Judge Rajesh Malik stayed the December 22 order passed by a magistrate court directed the Deputy Commissioner of Police (DCP) of Rohini district to lodge a First Information Report (FIR) against the concerned Station House Officer (SHO) and erring police personnel for offences under sections 323 (voluntarily causing hurt), 342 (Wrongful confinement), 506 (criminal intimidation), 509 (intending to insult the modesty of any woman), 354 (Assault or criminal force to woman with intent to outrage her modesty), 429 (Mischief by killing or maiming cattle), 166A (Public servant disobeying law) of the Indian Penal Code (IPC) and other relevant provisions.
The court was hearing the revision petition filed by three constables against December 22 order passed by a magistrate.
The magistrate directed the Deputy Commissioner of Police (DCP) of Rohini district to lodge a First Information Report (FIR) against the concerned Station House Officer (SHO) and erring police personnel for offences under sections 323 (voluntarily causing hurt), 342(Wrongful confinement),506 (criminal intimidation), 509 (intending to insult the modesty of any woman), 354 (Assault or criminal force to woman with intent to outrage her modesty), 429 (Mischief by killing or maiming cattle), 166A (Public servant disobeying law) of the Indian Penal Code (IPC) and other relevant provisions.
"Considering the submissions, let the notice of present revision petition be issued to the respondents. In the meanwhile, operation of the impugned order dated December 22 stands stayed, " ASJ Malik said.
Earlier the magistrate court had pulled up a team of Delhi Police, who had allegedly barged into a house and staged a dog fight.
Additional Chief Metropolitan Magistrate Babru Bhan had observed that the injuries on the accused were apparently a result of a 'calculated assault' after overpowering the accused.
The magistrate court noted that the bruises on parts of the accused were so serious that the same were present even on December 16 and said that such injuries cannot be caused in a free fight, as alleged by the police.
Delhi Police had claimed that during the arrest of the accused, a team reached his house at about 10:11 pm on December 8 and when they knocked at the door, it was not opened by the woman present in the house.
The police had further claimed that they used 'reasonable force' to break open the door of the house but family members of the accused put forth some resistance in the apprehension of the accused and their pet dog started barking.
But the court noted that the concerned SHO had admitted the fact before the Duty MM during judicial proceedings that the accused was apprehended at 11.00 pm on December 8, 2021. At this juncture, this court has no reason to ignore the said judicial record, the court said.
