Delhi HC stays trial court order directing action against cops in rape case

While one set of the charge sheets was filed with the court and accused’s counsel, the other was filed with the public prosecutor and complainant’s counsel, wherein material facts were allegedly omitted

The Delhi high court on Friday stayed an order of a trial court directing action against a station house officer (SHO ) and an investigating officer (IO) for filing distinct charge sheets in connection with the rape of a minor.

The trial court, in its order dated November 24, observed that the action of the police officers was purely mala fide and vicious while also calling for a compliance report before November 26. (Getty Images/iStockphoto)

Justice Anu Malhotra stayed an order dated November 24 in which the trial court had said that appropriate legal action be taken against the IO and SHO concerned after prima facie opining that they had committed offences of punishable under the Indian Penal Code.

“Without any observations on the merits and demerits of the petition, it is considered essential that the State submits its status report in the matter and that furthermore the trial court record in its physical and e form be requisitioned for the next date of hearing. The applications if any filed by the complainant and accused seeking supply of charge sheet be also placed on record under supervision of concerned district and sessions judge…The matter is directed to be re-notified on December 9 till which date the operation of the order dated November 24 is stayed,” the court said.

The trial court, in its order dated November 24, observed that the action of the police officers was purely mala fide and vicious while also calling for a compliance report before November 26.

While one set of the charge sheets was filed with the court and accused’s counsel, the other was filed with the public prosecutor and complainant’s counsel, wherein material facts were allegedly omitted.

On November 17, the court had said that such conduct was a big slap on the motto of Delhi Police “Shanti, Sewa, Nyay” wherein Nyay (justice) had been taken for a ride.

Challenging the order, the SHO and IO moved the high court, seeking to set aside the orders and expunging the remarks made by the trial court.

Appearing for the petitioners, senior advocate Geeta Luthra, submitted that there was no deliberate or motivated act on the part of the petitioners and that it was only an inadvertent error.

Appearing for the state, additional public prosecutor Rishikesh Kumar, also supported the petition while submitting that an enquiry was in progress.

He said that what was placed on the record of the court was only the amended charge sheet and that there was only an inadvertent error on behalf of the petitioners.

In this case, the accused person was arrested in March for allegedly kidnapping and raping a 14-year-old girl. An FIR was registered under sections 363 (kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage), 376 (rape), 342 (wrongful confinement) and 506 (criminal intimidation) of the IPC and Section 6 of the POCSO Act.