Aishwarya Rathore-
Delhi Court has imposed a cost of Rs. 25,000 on Delhi Police for its investigation into the North East Delhi riots. The court also dismissed a revision plea filed by them challenging an order directing them to register a separate FIR of Mohd. Nasir.
The Court held that “The mandate of the Delhi High Court Rules, referred to by the learned counsel for the respondent has not been followed by either the police or by learned Illaka MM in the matter, which clearly goes on to establish that the investigation even in case FIR No.64/2020, PS Bhajanpura has been done in a most casual, callous and farcical manner.”
SHO Bhajanpura filed a criminal revision petition challenging the Metropolitan Magistrate’s order directing it to register a separate FIR on Nasir’s complaint within 24 hours of the order.
Nasir, who was shot in the eye during riots in Bhajanpura, Delhi, has filed a petition against the police. He had alleged that he was shot by Naresh Tyagi.
On March 19, last year, a written complaint was made to SHO Bhajanpura, in which he specifically named Naresh Tyagi, Subhash Tyagi, Uttam Tyagi, Sushil, Naresh Gaur, and others as the assailants; however, no FIR was registered by the police.
Being aggrieved by this, Nasir had approached the MM Court by way of petition filed under Section 156 (3) Cr.PC.
Nasir Ahmed has lodged a complaint with Delhi Police over alleged rioting in his locality. Delhi Police said there was no need to register separate FIR on Nasir’s complaint as an earlier one had already been filed by ASI Ashok, who claimed six more people were injured.
The Police have said that further investigation is still on and a supplementary charge sheet in the matter would be filed. It was also submitted that other persons are identified and further arrests will be made.
After hearing the submissions and the evidences on the record, the Court concluded:
“No separate FIR has been registered on the subsequent complaint of respondent dated 03.07.2020, wherein he clearly stated about the threats to his life being extended by the persons named in his earlier complaint.”
Furthermore, it said:
“Even otherwise, it has been held hereinabove that a separate FIR against the aforesaid persons is liable to be registered and after proper investigation in the matter and if the said persons are chargesheeted then they will be well within their rights to exhaust their remedies available to them in accordance with law.”
“I do not find any merit in this revision petition. The same accordingly stands dismissed with a cost of Rs.25,000/- (Rupees Twenty Five Thousand Only) which shall be deposited with Delhi Legal Services Authority by DCP (North-East) within one week from today and the said amount shall be recovered from the petitioner and his supervising officers, who have miserably failed in their statutory duties in this case after holding a due inquiry in this regard. The interim order passed by this Court on 29.10.2020 stands recalled forthwith,” the Court ordered.
