Court pulls up police over delayed filing of charge sheets

Upset that the charge sheet in a particular case was delayed by more than a year and a half, a Delhi court has directed assistant commissioners of police (ACPs) of the south-east district to furnish details of all charge sheets that were filed over the past three years

Upset that the charge sheet in a particular case was delayed by more than a year and a half, a Delhi court has directed assistant commissioners of police (ACPs) of the south-east district to furnish details of all charge sheets that were filed over the past three years.

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Additional chief metropolitan magistrate (ACCM) Arvind Bansal directed the ACPs to prepare a list of all charge sheets between 2018 and ­2020 while also asking them to seek the status of filing from the IOs concerned.

“This exercise would definitely unearth many “hidden ghosts (files)” and wake up many “souls (IOs)” from slumber,” the judge said. The court also asked the deputy commissioner of police (south-east district) to file a compliance report in this regard.

The case pertains to the alleged rash and negligent driving by a person, Ravi Yadav, in 2017 on the Modi Mill Flyover. According to the complaint by Lallu Ram Morya, Yadav had rammed his motorcycle leading to Maurya sustaining injuries.

The IO had not submitted the charge sheet before the court till January 2021, even though the file was cleared by the ACP concerned in October 2018.

While noting that the IO retained the charge sheet for “reasons best known to him”, Bansal said the filing of the charge sheet was done only when an application was moved by one of the parties.

“The retaining of “forwarded” files by IOs... may further result in the accused fleeing from justice and witnesses disappearing or losing interest in the case. It creates an overall disappointing scenario for all stakeholders. It is felt that a time period for filing forwarded charge sheets must be fixed and IOs must be asked to strictly comply with the same. Such time (frame) should not be more than 30 days from the date of forwarding of charge sheet by the ACP concerned,” he further said.

The court said the IOs need to understand that investigation of all summon cases generally needs to be concluded within six months of the accused being arrested, and failure may result in the magistrate stopping further investigation into the case.

“...most IOs are not aware of this provision and therefore, continue investigation even after the initial period of six months….It is incumbent upon DCP concerned that this provision is reminded to IOs,” the judge said in his order of February 16.

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