Paridhi Arya
Published on: April 6, 2022 at 13:54 IST
The petition was filed by Additional Deputy Commissioner of Police (DCP) in Delhi High Court against the Trial Court order stating that Metropolitan Magistrate should register First Information Report (FIR) against the police officials.
The Trail Court was passed the allege order while hearing the proceeding of bail application of three accused – Deepak Chouhan, Bablu and Aijai, they had annexed a handwritten application not supported by any affidavit that they were shot by police on their knee.
The High Court Bench comprising Justice Yogesh Khanna has passed the stay order on registration of this First Information Report (FIR) till the further hearing of the case.
Court has also asked to serve notice to all three the accused through every medium even on mail and whatsApp although they are not present in the last hearing.
The lodging of FIR on honest police officers is the infringement of their Fundamental Rights under Article 14 and 21.
Officers acted in a bona fide manner. The Trial Court has merged all the three cases taking into consideration that they had different probability of involving in crime, their records etc.
The joinder was not as per section 223 of Code of Criminal Procedure. The handwritten complaint was converted to FIR under section 156(3).
The court didn’t even recommend for vigilance enquiry only during the virtual hearing they gave direction to Metropolitan Magistrate which is against Code of Criminal Procedure and concept of Separation of Power described in the Constitution.
Prior sanction need to be considered under Section 140 of Delhi Police Act before filing FIR against police under section 156 (3).
The three accused got shot when they tried to flee after the police fired in party.