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
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
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
They had also confessed to having stolen utensils from
the hospital's mess.
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.
First Published: Monday, April 11, 2011, 16:28