Greeva Garg –
The Delhi High Court has issued the notice while hearing the plea filed by the Delhi Police challenging the Trial Court’s order on imposing Rs. 25,000 for callous investigation in connection with the Delhi Riots case.
A Single Bench headed by Justice Subramonium Prasad took up the matter and directed Mohd. Nasir, the complainant in the riots matter to respond to the petitioners against their plea.
The Court scheduled the next hearing of the matter for September 13.
The Delhi Police is directed to deposit the sum cost of Rs. 25,000 until the further proceeding takes place.
The Trial Court passed the order for cost reimbursement while dealing with the revision petition filed by SHO PS Bhajanpura against an order directing them to register a separate FIR of Mohd. Nasir received gunshot injuries during North East Delhi riots.
The Delhi Police in their plea submitted the failure of Sessions Judge as well as the Metropolitan Magistrate for considering Section 210 of Code of Criminal Procedure (CrPC) in their matter, which mandates the Court below to proceed with the complaint case relating to the same offence once it is brought to the knowledge of the Court that such an investigation is in progress.
“Because the Ld. Court while dismissing the revision upheld the order of Ld. MM which was passed was contrary to the Law & facts, infact registration of FIR would further increase the burden on the judicial system which already overburdened,” the plea reads.
“The Ld. Court has completely failed to take into consideration that the respondent/Complainant is a victim and his statement has already been recorded during the course of investigation and on some aspect supplementary investigation is in progress and there is no occasion of separate FIR as the offence is relating to the same offence,” the plea reads.
Also Read: Delhi High Court orders Centre to frame Policy on Online Gaming