HC stays order directing action against police officials for filing distinct charge sheets
New Delhi Nov 26 PTI The Delhi High Court Friday stayed a trial court order directing action against two Delhi police officials for filing distinct charge sheets in a POCSO caseJustice Anu Malhotra issued notice on the petition by the two officials — station head officer SHO of the police station concerned and investigating officer IO– and sought a status report from the stateThe matter is directed to be re-notified on December 9 till which the operation of the order dated November 24 2021 is stayed the judge statedOn November 24 the trial court directed appropriate legal action against the two officials for prima facie commission of offences related to public servants false evidence and other offences under the Indian Penal Code saying that fraud has been played on the court after it was found that there were two charge sheets in the caseThe petitioners argued that the trial court could not have passed the directions or passed unwanted and castigating remarks while deciding a bail application in the caseSince a trial court has no inherent power to pass blanket directions as it is not akin to the constitutional courts the order directing initiation of action was passed erroneously it statedThe petition claimed that the existence of two charge sheets was a genuine mistake but the trial court considered it as fraud and perjuryThe confusion of the charge sheet and amended charge sheet led to a situation wherein the Court file had the amended charge sheet the accused also had the amended charge sheet the Public prosecutor had both the charge sheet and the amended charge sheet in the police file and the Complainant had the charge sheet It is submitted the Petitioners conducted a fair investigation and there was no malafide on the part of the Petitioners the petition saidIt also argued that the trial court encroached upon the administrative functions of the police administration as it passed the order under challenge despite an inquiry finding that the existence of two charge sheets was without any malafide intentionBefore directing initiation of action under the criminal law the trial court on November 8 had said that the conduct of the police officials was perfidious reprehensible and amounted to interference with the justice dispensation processIn its order passed on November 24Additional Sessions Judge Gaurav Raohad said that the police investigation was a sham and no explanation was provided as to how two charge sheets having distinct facts were signed on the same dayThe FIR is the case alleged that in February the accused took the prosecutrix a minor to some house in JJ Colony and kept her there for 6 days and committed rape upon her PTI ADS RKS RKS
New Delhi Nov 26 PTI The Delhi High Court Friday stayed a trial court order directing action against two Delhi police officials for filing distinct charge sheets in a POCSO caseJustice Anu Malhotra issued notice on the petition by the two officials — station head officer SHO of the police station concerned and investigating officer IO– and sought a status report from the stateThe matter is directed to be re-notified on December 9 till which the operation of the order dated November 24 2021 is stayed the judge statedOn November 24 the trial court directed appropriate legal action against the two officials for prima facie commission of offences related to public servants false evidence and other offences under the Indian Penal Code saying that fraud has been played on the court after it was found that there were two charge sheets in the caseThe petitioners argued that the trial court could not have passed the directions or passed unwanted and castigating remarks while deciding a bail application in the caseSince a trial court has no inherent power to pass blanket directions as it is not akin to the constitutional courts the order directing initiation of action was passed erroneously it statedThe petition claimed that the existence of two charge sheets was a genuine mistake but the trial court considered it as fraud and perjuryThe confusion of the charge sheet and amended charge sheet led to a situation wherein the Court file had the amended charge sheet the accused also had the amended charge sheet the Public prosecutor had both the charge sheet and the amended charge sheet in the police file and the Complainant had the charge sheet It is submitted the Petitioners conducted a fair investigation and there was no malafide on the part of the Petitioners the petition saidIt also argued that the trial court encroached upon the administrative functions of the police administration as it passed the order under challenge despite an inquiry finding that the existence of two charge sheets was without any malafide intentionBefore directing initiation of action under the criminal law the trial court on November 8 had said that the conduct of the police officials was perfidious reprehensible and amounted to interference with the justice dispensation processIn its order passed on November 24Additional Sessions Judge Gaurav Raohad said that the police investigation was a sham and no explanation was provided as to how two charge sheets having distinct facts were signed on the same dayThe FIR is the case alleged that in February the accused took the prosecutrix a minor to some house in JJ Colony and kept her there for 6 days and committed rape upon her PTI ADS RKS RKS
