New Delhi: Plea of a man seeking action against six policemen for allegedly delaying registering an FIR in an assault case, has been dismissed by a sessions court which said if a person is not satisfied with the probe, it does not mean police officials have committed an offence.
Additional Sessions Judge Raj Kumar Tripathi dismissed the revision plea of Brij Nandan Gupta, a South Delhi resident, that five persons who had allegedly injured him in 2004, had secured bail by fraud with support of cops who tried to damage his case by not recording his statement properly.
"Prima facie, it appears that revisionist (Gupta) has grievances against the investigating agency for not conducting the probe properly and for dereliction of their duty.
"Metropolitan Magistrate has rightly observed that if a person is not satisfied with the investigation, the same does not mean that the police officials have committed offence. Case is yet to be decided by court of competent jurisdiction," the judge said while upholding the trial court's order dismissing his complaint against the cops.
The sessions court noted that the assault case against the five accused persons is pending before a trial court, hence it would be premature to observe at this stage that the matter has not been investigated properly.
"The court of competent jurisdiction is yet to take a call regarding merits of the case and role of police involved in the case at different stages of investigation," it said.
"No palpable error, infirmity, illegality or impropriety is found in the impugned order...Accordingly, revision filed by revisionist is dismissed," the court said. (More) PTI AG SC
Gupta had approached the trial court against the cops for allegedly weakening his case and securing bail for the accused by fraud.
His complaint was dismissed by a magisterial court in its order on July 24, last year after which he moved sessions court.
Gupta had alleged that five accused brothers -- Anil, Pradeep, Rajkumar, Vinod, Naresh -- had inflicted injuries on him in 2004 after which he had approached the police to register an FIR against them under section 326 (voluntarily causing grievous hurt) of IPC.
He alleged that the cops did not record his statement properly, delayed the registration of FIR and tried to weaken and damage his case.
He further alleged that the police officials, including two head constables, two sub-inspectors and two constables were hand-in-glove with the alleged assaulters who had beaten him up, and said they tried to suppress the facts and played fraud upon the system to secure bail.
The case of assault against the five accused is pending before another sessions court.