NEW DELHI: A city court has pulled up the police for their “confused” conduct and lack of coordination with the prosecution in dealing with a northeast Delhi riots case, saying it was not a proper way of conducting the matter.
The police had moved an application before a sessions court saying Section 436 (mischief by fire or explosive substance with intent to destroy house, etc) of the Indian Penal Code was not made out in the case and sought transfer of the case to a magistrate court.
Later in the day, the Station House Officer concerned submitted that he wanted to withdraw the application after having a word with the special public prosecutor.
Additional sessions judge Amitabh Rawat said it appeared from the reading of the chargesheet that apart from Section 436 of the Indian Penal Code, all other sections as alleged were bailable, for which the accused should not have been sent to custody. The court further noted that the application was also regarding the transfer of the case to metropolitan magistrate (MM) for which there was no provision in the Code of Criminal Procedure.
“It appears that the concerned police officials themselves are confused as they first moved an application stating that Section 436 of the Indian Penal Code is not made out and asking for transfer of the case to concerned metropolitan magistrate and thereafter after sometime after talking with special public prosecutors want to withdraw their own application finding it meritless. This is not a proper way of conducting the case,” it said in the order.
It dismissed the application for transfer of the case to a magistrate court. It also asked the special commissioner of police, division-I (law and order), for ensuring better coordination between the police officials and prosecution and for effective prosecution of the riots cases.
The offence under Section 436 IPC entails a maximum punishment of life imprisonment.
This story first appeared on timesofindia.indiatimes.com
