Sessions court upholds magistrate court's order for registering FIR against constable in 'fake encounter'
Oct 03, 2020
New Delhi [India], October 3 : A sessions court in Delhi's Rohini on Saturday upheld the order of a magistrate court directing registration of an FIR against a Delhi Police constable in an alleged fake encounter case.
"That fact of bullet upon the person of Amit Dahiya and the injuries upon his person caused by police official was part of the duty can only be explained during the trial," Additional Sessions Judge Jitendra Kumar Mishra said.
The court said that it is in the conscious view that revisionist is under the cover of immunity provided to him by his office but the fact remains that whether the acts committed by him was in good faith or meticulously motivated has to be assessed and has to be seen.
"All the material facts of the incident complained of have to be seen only during trial. In these circumstances, this Court is of the considered view that order passed by trial court has to be sustained but the opportunity is being granted to the revisionist/police official as he is at liberty to raise the question of sanction during the trial in accordance with the material on record or even after defence evidence has to be led by him to prove that whatever actions committed by him in the said incident was part of his official duties which were necessary as per the norms and he did not exceed the limits during discharge of their duties," the court said.
The court was hearing the constable's plea which has challenged a magistrate court order.
The case pertains to killing of Amit Dahiya, a 25-year-old man on July 22, 2013 in an alleged encounter by Delhi police in Sanoth village, near Narela, Outer district. The mother of deceased challenged the encounter done by Delhi Police considering the post mortem report and statement of eye-witnesses of the incident. The deceased's mother through her lawyer Sandeep Kaushik filed a petition seeking complaint against the constable, claiming it to be a cold blooded murder and a case of fake encounter.
