High Court asks CBI to lodge an FIR against guilty Delhi Police officers
Two false cases of apprehension of breach of peace were registered
The nexus between criminals and the police is brought to the fore
NEW DELHI: The Delhi High Court on Monday directed the police to pay a compensation of Rs.1 lakh to three persons for registering two false cases of apprehension of breach of peace against them under Section 107 of the Criminal Procedure Code (Cr.P.C) and illegally confining them.
In one of the cases, Justice S.N. Dhingra ordered the Central Bureau of Investigation to lodge an FIR against the guilty Delhi Police officers. “The CBI is directed to register a case in respect of the allegations made by the petitioners (victims) against the erring police officials,” Mr. Justice Dhingra said.
The first case pertains to the Moti Nagar police station in West Delhi in which the police had arrested a person on a false criminal complaint of alleged bad character of the area following a dispute between the two about some additional constructions in their flats.
Stating that the complaint was without date and bore no stamp of receipt of it at the police station, Mr. Justice Dhingra said: “It is very surprising that on the basis of this complaint which does not disclose any recognisable offence, the police officials arrested the petitioner, Keshav Kumar, under 151 of the Code.”
“The proceedings initiated against the petitioner only re-confirms the league between the criminals and the police and shows how the life and liberty of innocent persons is at stake at the hands of such police officials,” Mr. Justice Dhingra observed.
Quashing the proceedings, the Court directed the police to pay a compensation of Rs.50,000 to the petitioner for illegally detaining him in custody for two days. It directed the police to initiate departmental proceedings against the erring officials.
The second case pertains to the Samaipur Badli police in Outer Delhi. The police had arrested the petitioners in the case, Sanjiv Kumar and Dalip Gupta, when one of them called the Police Control Room and complained that some police personnel on patrolling were threatening to extort money from him. The petitioners were travelling together. The police also got prepared a false medico-legal case of consumption of alcohol against them.
Quashing the proceedings, the Court directed the police to compensate the two petitioners with payment of Rs.25,000 each for illegally confining them for two days. It also ordered the CBI to register a case against the guilty police officers.