New Delhi: Collection of evidence is the task of the investigating agency and a detailed police probe is required for the same as it is beyond the capacity of the complainant, a Delhi court has said while ordering registration of FIR against an Army doctor.
The court was hearing a complaint seeking prosecution of the accused for allegedly breaking into a parked vehicle with the intention to steal it.
Metropolitan Magistrate Chhaya Tyagi said the modus operandi of the commission of crime as well as collection of circumstantial and forensic evidence is beyond the capacity of the complainant.
"This court is of the opinion that collection of evidence is the task of the investigating agency and determination of its conclusiveness or otherwise is a matter of trial. Counsel states that complainant is ready and willing to again share the photos and videos available with the complainant and the IO," the judge said.
"In the present case, although the identity of the accused is known to the complainant, the modus operandi of commission of crime as well as collection of circumstantial and forensic evidence is beyond the capacity of the complainant and a detailed police investigation is required for the same. IO is directed to register the FIR and file compliance report," the judge said.
The court's observation came while hearing a plea filed by a city based journalist P K Singh seeking registration of an FIR against doctor D J Chakrabarty for allegedly breaking the lock and windshield of his car in August 2021, with an intention to steal the car and the belongings lying inside.
When the complainant caught the accused red-handed at the spot of the crime, he was abused and threatened by Chakrabarty, Singh alleged.
Advocate Ashwani Kumar Dubey, appearing for the journalist, submitted that the complainant has already produced photographs and videos of the damaged car and despite that the police was not registering an FIR.
Dubey said due to police inaction, it took one-and-a-half-years to get the FIR registered.
The court had earlier sought an action taken report (ATR) in the matter.
It has been stated in the ATR that no conclusive evidence, oral or digital, has been provided by the complainant, the court noted.