New Delhi: A Delhi court has asked a man to lead pre-summoning evidence in support of his allegation against six Delhi Police officials for beating him in custody while dismissing his plea for registration of FIR.
Additional Sessions Judge Manoj Jain said, “I rather strongly feel that there is every likelihood that if registration of FIR is ordered, it might culminate in ‘cancellation report’ which would frustrate the purpose of none other than revisionist.”
“Undoubtedly, any police official is not permitted to take law in his own hands and cannot encroach upon the liberty of any citizen without any reasonable cause,” the court said.
The judge while dismissing the criminal revision petition filed by the Malviya Nagar resident Rajbir Singh against the trial court order which had also refused to order FIR against the erring police officials assured him saying, “Court would, naturally, take requisite action in terms of the pre-summoning evidence to be led before it by the complainant.”
The court observed, “Even if one is to be detained, there are guidelines which are required to be followed
Noting that all the facts are in complete possession of the complainant, the court said, “He knows about the names and details of offenders. Investigation does not seem to be required from any angle.”
“Moreover, trial court has very rightly remarked that revisionist would not perhaps expect a fair investigation from the officials of Malviya Nagar Police Station who are themselves arraigned as accused in the present matter. It is also against the principles of natural justice as no one can be permitted to act as a judge in his own cause,” the court said.
“Viewed from that angle and keeping in mind the peculiar facts of the present case, adducing pre-summoning evidence before the court seems to be the best option,” the court said.
According to the complaint, on intervening night of June 24-25, 2014, around 10-12 police officials forcibly entered his house, caused damage to the household articles and lifted Singh and others “without any rhyme and reason”.
Singh alleged that he was mercilessly beaten up by SHO of Malviya Nagar Police Station and SI Mahesh Bhargav and was dragged to the police station and falsely booked.
Thereafter, complainant moved an application before the trial seeking lodging of FIR against the police officials naming Inspector Vijay Singh Chandel, Sub-Inspector Mahesh Bhargav, Head Constable Kuldeep, Constable Vijay Kumar and two other unnamed police officials for offence of attempt of murder, criminal conspiracy, house tresspass among other sections of IPC.
Trial court in its order declined his plea seeking FIR and asked him to lead pre-summoning evidence against the police officials, saying that he had grudge against the SHO and other police officials and it could be presumed that he would not get fair investigation if those very police officials were asked to investigate the matter against themselves.