Allegations against Police for Misuse of Authority during Investigation: Delhi HC Directs Commissioner to Look Into the Matter

Team SoOLEGAL 1 Jul 2020 4:48pm

Allegations against Police for Misuse of Authority during Investigation: Delhi HC Directs Commissioner to Look Into the Matter

New Delhi: Police force has again misused their authority recently on a father who is the petitioner and who has filed a case of habeas corpus on his missing daughter. According to the petitioner his daughter has been missing from June 11, 2020 and as that he had filed various complaints at Sonia Vihar Police Station and also to the DCP, but no case was registered, and hence the petitioner moved to the High Court.

A direction has been given to the Commissioner of Delhi Police by Justice Vipin Sanghi and Justice Rajneesh Bhatnagar of Delhi High Court to look into the petitioner’s allegation and if the allegation is true then the Commissioner of Delhi Police should take necessary actions.

According to the status report of the police the petitioner’s daughter was found in Kolkata, she was kidnapped by a man, and the man also threatened to kill her and also the man had established a physical relationship with her.

According to the petitioner, he had paid all the travelling expenses, and also gave a party to the police officers at Jaipur. The petitioner also said that her daughter was taken for the medical examination, but the investigation officer rejected to take the medical examination by saying that the victim had taken a bath after forming a physical relationship with the accused. On this basis, the physical examination was not carried out, even though the petitioner's daughter required her internal examination to be carried out.

Although noting that there was an unreasonable delay of 8 days in the FIR's lodging, and the police were fully unaware of the complaints lodged by the petitioner, the court noted that, if the claims made by the petitioner are valid, they pose serious questions about the functioning of the police force.

Thus the Court has held that the petitioner must show all the relevant documents including the travelling expenses and that party gave to the police officers in Jaipur and Kolkata to the Commissioner of Police and the Commissioner of Police should also call the investigating officer to show the proof of expenditure done by the police officers during the investigation process and by seeing all the documents if a case is made then the police commissioner must take necessary actions against the investigating officers and all other police officers of Sonia Vihar Police Station.

Tagged: Delhi HC   Police Station   High Court   Justice Vipin Sanghi   Justice Rajneesh Bhatnagar   FIR  
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