NEW DELHI: A Delhi court set aside an order of FIR against a police sub-inspector, who was allegedly involved in a scuffle over car parking in the city, in view of Section 140 of the Delhi Police Act which protects cops from being prosecuted while acting in the line of duty.
Additional Sessions Judge Shivaji Anand at Rohini Court was hearing the revision petition challenging a Magistrate court’s order that directed the registration of an FIR against the SI and a retired ACP among other accused persons on a complaint. As per the complainant, on March 20, 2015, he asked one of the accused in the group who was allegedly drinking alcohol inside a car, including the cops, to move the vehicle as it was parked in an obstructive manner following which a scuffle took place and the group assaulted him.
He alleged that his complaint was not received by the cops and the accused SI pressurised him to withdraw the complaint. An FIR has also been filed against the complainant by the cops. Adv Vineet Jindal, who appeared for the Police Officer argued that legal provisions applicable to the police officials under Section 140 of DP Act.
Jindal said the SI did every required act for fair investigation as he had done a medical examination of both parties in which one person suffered simple injuries. However, the complainant and his father had no external fresh injury at the time of medical examination.
During the course of the hearing, the court also played the CCTV footage of the incident after which it was observed that the vehicle was parked wrongly. It further noted that filing of chargesheet was clearly within the official duty of the accused SI while granting him relief. However the retired ACP was not in the line of duty, it was observed, refusing him and others any relief in the case. The court said with regard to them, the Magistrate’s order was justified and there is no infirmity, illegality or impropriety.