Police pulled up over no probe into murder plaint

Court orders probe agency to file FIR

Pulling up the Delhi Police for not conducting an investigation into a complaint of alleged murder, a Sessions court at the Saket courts has directed the investigating agency to lodge an FIR and conduct probe.

According to the complaint lodged by the brother of the deceased, the accused had strangulated him after he demanded his salary.

Magistrate court moved

The complainant had earlier moved a Magistrate court seeking a direction to the police to lodge a case against the accused. However, the Magistrate court had dismissed his complaint, saying “the post mortem report did not reveal any external injuries on the body of deceased and there was no witness to the incident in question.”

Directing the police to lodge a case in the matter on a revision petition against the Magistrate court order, Special Judge Savita Rao said: “Facts of the case reveal the unnatural death of the deceased i.e. brother of the complainant but no detailed inqiury or investigation seems to have been conducted by police officials, particularly after the specific allegations of brother of deceased...’’

“The police was required to make a detailed investigation upon reporting of unnatural death and the allegations which has not been done. No inquest proceedings seem to have been conducted. There is also no concrete report on record regarding the death being a case of suicide without any foul play and even the angle of the abetment to suicide seems to have not been explored . Whether photographs of the place of incident were taken or not is also not clear from the record,’’ the judge said.

‘FIR not accusation’

“Accordingly, it is directed that the police shall register an FIR and conduct investigation. It is also made clear that mere registration of FIR shall not be interpreted as the accusation against the named accused as the purpose of registration of FIR is only the information to police regarding the commission of a crime. The allegation against the named accused shall have to be tested during the investigation and the accused named shall not be unnecessarily harassed nor any coercive steps shall be taken against the accused named until and unless substantial evidence is found against him during the investigation,’’ the Judge further said.