Court dismisses plea to prosecute ACP, five other cops
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Last Updated: Monday, April 11, 2011, 16:28
New Delhi: A Delhi court has dismissed a plea seeking prosecution of six city policemen, including an assistant commissioner of police, for allegedly implicating a north Delhi resident's son in a string of theft cases.

Additional Sessions Judge Bimla Kumari dismissed the plea against the policemen endorsing a magisterial court's earlier order, which had rejected the plea on grounds of lack of sanction from competent authorities to prosecute them.

"Since the police officials did the acts under colour of their duty and authority, the trial court did not commit any error by dismissing the complaint of the petitioner," ASJ Kumari said while dismissing complainant Ravinder Kumar's plea against the October 2010 order of the trial court.

The court also noted that "previous sanction of Administrator of Delhi was not obtained before launching the prosecution against them as is required under section 140 of Delhi Police (DP) Act."

North Delhi resident Ravinder Kumar had moved the sessions court after a magisterial court had dismissed his application accusing ACP (Subzi Mandi) Mohd Ali, SHO Ramesh Kumar, head constables Uday Bhan and Jagmohan and constables Virender and Dharambir of picking up his son Vikas from their house in February 2007 on the pretext of a complaint pending against him.

The complainant said the police later booked his son in several theft cases.

The trial court had in its order said, "No sanction has been accorded to the complainant by competent authority to prosecute the accused police officials who had arrested the complainant's son under the colour of their duty in accordance with power bestowed upon them by law, complainant's case, being hit by Section 140 of the DP Act, stands dismissed as not maintainable."

Section 140 of the DP Act provides that a police officer or other person can be prosecuted for any act done "under the colour of duty" only by a previous sanction of the administrator within one year from the date of the offence.

The court also noted that the FIR lodged against Vikas and another person showed that the duo were arrested for stealing a stereo from a doctor's car at Bara Hindu Rao Hospital.

They had also confessed to having stolen utensils from the hospital's mess.


First Published: Monday, April 11, 2011, 16:28

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