New Delhi: A court here has dismissed a plea seeking registration of FIR against police personnel for their alleged high handedness in connection with lodging of a case relating to gang-rape of a minor girl in Delhi last year.
Special Judge Narottam Kaushal declined to prosecute the three suspended policemen, including ACP Bani Singh Ahlawat who was caught on camera slapping a 17-year-old girl protesting. The girl was trying to meet the rape victim at a hospital here.
The judge refused to order registration of FIR saying there was lack of prior sanction to prosecute the public servants.
Besides Ahlawat, the complaint was filed against Inspector Dharampal Singh, Sub-inspector Mahavir Singh and other policemen who had allegedly threatened the girl`s family and offered them money to hush up the matter.
"This court has no hesitation in observing that powers of Magistrate/Court have been curtailed by the Supreme Court..., viz a viz the powers of Officer Incharge, Police Station,...
"Be that as it may, this court is bound by the law laid.. and is of the opinion that power under section 156 (3) CrPC cannot be exercised in the absence of previous sanction for prosecution of public servant," the court said.
"For the reasons stated above, I find no ground to order investigation or to take cognizance for offence punishable under Prevention of Corruption Act. However, the complainant is within his right to file a complaint before an appropriate court for offences punishable under IPC," the court said.
The court`s order came on a plea filed by a RTI activist Vivek Garg seeking registration of FIR against the cops.
Garg has sought registration of FIR against Ahlawat who was suspended after the incident.
The complainant also sought action against Dharampal, the suspended station house officer of Gandhi Nagar police station where the victim`s missing persons report was registered on April 15, 2013 and the initial investigating officer of the case Sub-Inspector Mahavir Singh.
Garg`s had contended before the court that the girl, who was kidnapped and raped allegedly by Manoj and Pradeep in east Delhi and kept in captivity for two days, could have been recovered much earlier had the police swung into action immediately and launched a search for the minor.
He had also said the police, by offering Rs 2,000 to the girl`s family and not registering FIR promptly, had committed contempt of the Supreme Court.
Both Manoj and Pradeep are at lodged in Tihar jail. They are accused of kidnapping and raping the minor and also trying to strangulate her. The girl was recovered from their house 40 hours later.
After the commission of crime, the duo had left Delhi and were arrested from different places in Bihar.
The court in its order also said there is no dispute to the factual position that FIR has been registered for the offence of kidnapping and rape of the five-year-old girl.
"Complainant herein seeks registration of FIR against the police officials of Gandhi Nagar police station on account of their lapse in delayed registration of FIR, misbehaviour with protesters and offer of Rs 2,000 by the police officer to the father of the victim child.
"This court, being a Special Court under PC Act, has power to look into allegations which constitute offence punishable under Prevention of Corruption Act," the judge added.
