High court sets aside order freeing 2 cops
8 April 2013 6:51 AM IST
The Delhi high court has set aside an order of a sessions court, which had reversed an order of a Metropolitan Magistrate summoning two cops, including a SHO, as an accused in an alleged case of beating.
Krishna Devi had approached the high court against the sessions court order on a case dating back to 1996. She had lodged a report in 1996 at Najafgarh police station against the then SHO, a sub-inspector and other unnamed policemen. According to her, on 29 November 1996, the two police officials alongwith some other policemen had come to her house and allegedly beaten her husband severely and when she had tried to save her husband, she was also slapped and manhandled. Later, the policemen took her and her husband to the police station. At the police station she was allegedly asked to take off her clothes, which she refused to do after which she was slapped and abused.
When no FIR was registered, she approached the high court and on its direction, an FIR was registered in 1997. She said in the high court that the investigation done was completely an eye-wash and after completing the paper formalities a closure report was submitted in the court in 2000 saying no case was made out for charge sheeting any police man.
The magistrate, however, ordered for further investigation in 2002 . Now the investigation was done by the crime branch but once again the police submitted a report in court in 2006 that no case was made out against anyone and that the complaint of the complainant was motivated and fabricated lodged against the police officials to avenge the arrest of her son in a case relating to some incident which took place in 1996.
This time the magistrate accepted the closure report in 2007. However, the magistrate took cognizance also and asked the complainant to produce whatever evidence she had to substantiate her allegations. The magistrate found the evidence sufficient to summon the SHO and the SI through an order in 2009.
Both the cops filed separate revision petitions in sessions court, which set aside the order of the magistrate summoning the policemen.
Citing apex court judgments, Justice P K Bhasin said, '...and in view of the said decision of the Apex Court there was no fault committed by the magistrate justifying interference by the sessions court in exercise of the revisional jurisdiction.
'These petitions are therefore, allowed and the impugned order of the learned sessions judge reversing the summoning order dated 2 May 2009 of the learned Metropolitan Magistrate is set aside and the order of the Metropolitan Magistrate is restored. The case shall be taken up again now by the Metropolitan Magistrate on 1 May 2013 at 2 pm and then the matter shall be proceeded further in accordance with law,' said Justice Bhasin.
Krishna Devi had approached the high court against the sessions court order on a case dating back to 1996. She had lodged a report in 1996 at Najafgarh police station against the then SHO, a sub-inspector and other unnamed policemen. According to her, on 29 November 1996, the two police officials alongwith some other policemen had come to her house and allegedly beaten her husband severely and when she had tried to save her husband, she was also slapped and manhandled. Later, the policemen took her and her husband to the police station. At the police station she was allegedly asked to take off her clothes, which she refused to do after which she was slapped and abused.
When no FIR was registered, she approached the high court and on its direction, an FIR was registered in 1997. She said in the high court that the investigation done was completely an eye-wash and after completing the paper formalities a closure report was submitted in the court in 2000 saying no case was made out for charge sheeting any police man.
The magistrate, however, ordered for further investigation in 2002 . Now the investigation was done by the crime branch but once again the police submitted a report in court in 2006 that no case was made out against anyone and that the complaint of the complainant was motivated and fabricated lodged against the police officials to avenge the arrest of her son in a case relating to some incident which took place in 1996.
This time the magistrate accepted the closure report in 2007. However, the magistrate took cognizance also and asked the complainant to produce whatever evidence she had to substantiate her allegations. The magistrate found the evidence sufficient to summon the SHO and the SI through an order in 2009.
Both the cops filed separate revision petitions in sessions court, which set aside the order of the magistrate summoning the policemen.
Citing apex court judgments, Justice P K Bhasin said, '...and in view of the said decision of the Apex Court there was no fault committed by the magistrate justifying interference by the sessions court in exercise of the revisional jurisdiction.
'These petitions are therefore, allowed and the impugned order of the learned sessions judge reversing the summoning order dated 2 May 2009 of the learned Metropolitan Magistrate is set aside and the order of the Metropolitan Magistrate is restored. The case shall be taken up again now by the Metropolitan Magistrate on 1 May 2013 at 2 pm and then the matter shall be proceeded further in accordance with law,' said Justice Bhasin.
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