Delhi HC Orders Dwarka DCP To Appear Before It To Explain Consistent Absence Of Investigating Officers In Court
The Delhi High Court today ordered the DCP of Dwarka to appear before it to explain why explanation why Investigating Officer is not present before the Court during the arguments.
Justice Chandra Dhari Singh noted in his order that in several matters, the main Investigating Officer is not present at the time of hearing of the matter.
"Justice in this country cannot be left on the mercy of the department", the Court said while ordering the appearance of the DCP at 2.15 pm today.
The Court directed the Registrar General of the Court to convey the order to the DCP. It also directed Panna Lal Sharma, the APP covey the order to the DCP.
The Court was hearing a plea against cognizance taken of a chargesheet containing allegations of gang rape, whereas the complaint of the victim was of rape and not of gang rape. The statement of the victim under Section 164 CrPC also did not contain allegations of gang rape.
The accused had filed the plea under Section 482 CrPC, inter alia seeking to "Quash the Impugned Order dated January 20, 2022, passed in Criminal Case No. 583/2022 arising out of Dwarka, North Police Station, FIR No. 886/2021 currently pending before Shri Sushil Anuj Tyagi, Learned Additional Sessions Judge, Dwarka District Court, New Delhi and the proceedings emanating therefrom".
During the hearing of the plea, the Court found that the investigating officer was not present in Court, though the case was of a serious nature.
As per the direction of the Court, the DCP appeared before the Court. The Court asked the DCP to take care to ensure that Investigating Officers remain present for important cases, in future. The officer agreed to do so.