Delhi HC Directs Commissioner Of Police To Ensure Investigating Officers Are Present In Court When Case Is Taken Up
The Delhi High Court has directed the city police commissioner to ensure that Investigating Officers who investigated the case are present in Court when the case is taken up for hearing.
The bench of Justice Rajnish Bhatnagar passed this direction after noting that the main Investigating Officers who investigated the case were not appearing and substitute officials were appearing on their behalf.
The Court observed-
“This has become routine invariable practice that the main Investigating Officers who have investigated the case are not appearing and substitute officials are appearing on their behalf and they are not versed with the facts of the cases.”
“Let the matter be brought to the notice of the Commissioner of Police, who shall immediately take action and ensure that IOs who investigated the case be present in Court when the case pertaining to the particular police station is taken up for hearing.”
Advocate Shiv Kumar Kohli appeared for the petitioner whereas APP Raj Kumar appeared for the State.
The Court was dealing with a case wherein the petitioner had sought quashing of FIR for proceedings registered under Sections 498A/406/34 IPC.
The Court observed that since the matter was amicably settled between the parties, no useful purpose will be served by keeping the case pending.
“Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.", the Court noted.
Accordingly, the Court quashed the FIR.
“Consequentially, this petition is allowed and FIR No.634/2021, under Sections 498A/406/34 IPC, registered at Police Station Mehrauli, Delhi, and the proceedings emanating therefrom shall stand quashed.”, the Court said.
Cause Title- Rajesh Prakash Lohani And Ors v. The State And Anr