Lawstreet Journal

“Non filing of charge sheets despite being forwarded by a senior officer amounts to undermining the hierarchy and discipline of service” : Delhi HC to Police Authorities

Lawstreet Journal 24 Feb 2021 2:41am

Image courtesy: Lawstreet Journal Judiciary “Non filing of charge sheets despite being forwarded by a senior officer amounts to undermining the hierarchy and discipline of service” : Delhi HC to Police Authorities

A court in Delhi, disappointed over the police authorities due to the delays in the filing of charge sheets, ordered to sought the status of filing of all charge sheets in the last 3 years (2018 to 2020) from the concerned Investigating Officer (IO). The delay was seen even after the ACPs of the case completed the investigation and had forwarded the same to the IO. 

The Court stated,

“Non filing of charge sheets despite being forwarded by a senior officer amounts to undermining the hierarchy and discipline of service”

The case at hand pertained to an incident of rash driving and negligence, accused being Ravi Yadav who smashed his motorbike causing injuries to Maurya. The incident took place in 2017 on Modi Mill Flyover however, the charge sheet was not submitted by the Investigating Officer till January of 2021 despite the ACP on the case clearing the file in 2017 itself. This immense delay led the Court to a very large concern in the working of the system of justice and led to the court highly criticizing the workings of the police. 

 

The bench said, 

“IOs need to understand and know that investigation of all 'summons cases' generally needs to be concluded within 06 months from the date on which accused was arrested, and failure may result in an order by concerned Magistrate stopping further investigation into the offence… It is incumbent upon worthy DCP concerned that this provision is reminded to IOs.”

The court observed that most IO’s were unaware of the provision in law… Continue Reading...


Tagged: Delhi High Court  
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