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Delhi court calls for effective prosecution in riots cases, says police officers ‘confused’

Police had moved an application seeking a transfer of the case to a Metropolitan Magistrate on the ground that IPC Section 436 (mischief by fire or explosive substance with intent to destroy house, etc.) is not made out in the matter.

By: Express News Service | New Delhi |
Updated: October 14, 2021 8:07:52 am
Security forces in Northeast Delhi, after the violence. (Express Photo/File)

A Delhi court pulled up Delhi Police officers over lack of coordination and their “confused conduct” in connection with a Northeast Delhi riots case.

Additional Sessions Judge Amitabh Rawat Tuesday directed that a copy of the order be sent to Special Commissioner of Police, Division- I (Law and Order), to ensure better coordination between police officers and prosecution and for effective prosecution of riots cases.

Police had moved an application seeking a transfer of the case to a Metropolitan Magistrate on the ground that IPC Section 436 (mischief by fire or explosive substance with intent to destroy house, etc.) is not made out in the matter.

The court noted that if Section 436 was taken out, then the rest of the offences were bailable for which the “accused should not have been sent to custody”. It noted that the police application to transfer the case to a Metropolitan Magistrate’s court had no provision in the Code of Criminal Procedure.

Police had taken a short passover and later apprised the court that after consulting the special public prosecutor, they decided to withdraw the application.

“It appears that the police officials concerned themselves are confused as they first moved an application stating that Section 436 IPC is not made out and asking for transfer of the case to MM concerned and, thereafter, after talking with Special Public Prosecutor, want to withdraw their own application finding it meritless. This is not a proper way of conducting the case. The present application for transfer of this case to the court of Ld. MM stands dismissed as withdrawn,” the court said.

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