New Delhi: A court here has dismissed a revision petition filed by the Delhi Police against the order of a magisterial court to register a separate FIR on the basis of a complaint pertaining to the 2020 northeast Delhi riots.
Upholding the order directing the station house officer (SHO) concerned to register a case, the sessions court said that just because there was a flood of complaints, the investigating agency could not make an exception to the mandate of law.
The court also observed that an excess number of complaints cannot be a reason for the clubbing them together unless there was the proximity of time and place showing “continuous action” by the perpetrators in the alleged crime.
The court was hearing the matter wherein the complainant, Mohd Vakil, had moved an application for the registration of a separate case, rather than attaching his complaint in an FIR registered by Karawal Nagar police station, and the magisterial court in November last year had allowed his plea.
Against the magisterial court’s order, the Delhi Police had filed the present revision petition in the sessions court.
“Excess number of complaints cannot be a ground to club all or several complaints without there being the proximity of time and place of the alleged crime, so as to show continuous action of the perpetrators,” Additional Sessions Judge Pulastya Pramachala said in an order passed on Tuesday.
The judge also said there was no “illegality” committed by the magistrate.