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Wednesday, September 22, 2021

Delhi: Court terms IO’s absence from hearing callous, asks Joint CP to file report instead

The court made repeated calls to the investigating officer but did not receive any request for exemption from the virtual hearing in the bail plea in an attempt to murder case.

By: Express News Service | New Delhi |
July 29, 2021 12:35:51 pm
Additional Sessions Judge Ashutosh Kumar made the observations in a case of attempted murder, where the accused was seeking bail.

A Delhi court pulled up the police after an investigating officer in a case did not turn up for virtual hearing, observing that this shows their “scant regard” for this court.

Additional Sessions Judge Ashutosh Kumar made the observations in a case of attempted murder, where the accused was seeking bail.

In the case, the accused was arrested for assaulting the complainant with bricks and sticks during a confrontation at Inderpuri area in west Delhi. He had applied for bail following his arrest and the court had received the copy of the reply to the bail application. The IO, however, did not turn up.

The court made repeated calls but did not receive any request from the IO seeking exemption from the hearing.

ASJ Kumar said that the “presence of the IO was needed for deciding the present application since the case is at an initial stage of investigation qua the applicant/accused…and this court wanted to ascertain what the status of the investigation is, the material collected against the applicant/accused so far and whether the custodial interrogation of the accused/applicant is required from the IO.”

“In the absence of the IO, the same cannot be done. It shows the callous attitude of the IO/SHO and their scant regard for this court. In my considered opinion, the matter requires the indulgence of the joint commissioner of police concerned to look into the matter, to do the needful, to ensure that all IOs join through VC (video conference) timely and precious time of the Court is not wasted,” the Court said in its order.

The court has ordered the Joint CP to ensure that further status reports regarding investigation, like the admissible material collected against the accused, whether there is any need for custodial interrogation, be filed on the next date of hearing.

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