Delhi HC denies Delhi Riots case appeal due to improper investigation

Delhi HC

The Delhi Court was amazed at the Delhi Police’s actions, stating that they were unaware of the Respondent’s complaint alleging an attack on his home during the Delhi Riots being combined with another FIR of the same incident.

Additional Sessions Judge Amitabh Rawat said that though the authorities were investigating the situation, they were unaware that they were doing so until alerted, at which point police realised they were looking into a matter about which they had no knowledge, “.

The court’s decision came during a hearing on the Delhi Police’s appeal of the metropolitan magistrate’s order to file an FIR on Salim’s allegation on November 23, 2020.

Despite numerous complaints, he claims no charges have been filed against the defendants he identified in his complaint.

The police had filed a revision petition appealing a lower court’s ruling directing them to file a separate FIR for the complaint submitted by the respondent in this case. The police claimed that the complaint had already been clubbed and that this information could not be accidentally presented to the Magistrate. As a result, the contested ruling was based on information that was not presented to the Court.

The Court noted in dismissing the revision petition by affirming the Metropolitan Magistrate’s order: If this is taken at face value, it means that the Investigating Officer/SHO in question had no idea when they filed and participated in the proceedings, that this complaint had been combined with FIR No.109/20, which was under investigation, and that they only realized it when the current revision petition was filed.

The Court dismissed the police’s revision plea and ordered them to file an FIR within 7 days after observing that Salim’s allegation indicates cognizable offences that require a separate investigation.

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