Court Raps Delhi Police for Filing Charge Sheets Without Sanction, Seeks Commissioner's Intervention

Curry15

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posted on 3 years ago — updated on 1 second ago

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The court noted that a number of charge sheets are being filed by the Crime Branch for the offence under section 25 of the Arms Act alone, without requisite sanction under section 39 of the Act.

A Delhi court has pulled up the Crime Branch of Delhi Police for filing charge sheets without obtaining requisite sanction in a bid to keep the accused behind the bars and directed the police commissioner to take action against the erring officers. Metropolitan Magistrate Arun Kumar Garg came down heavily on the Crime Branch while granting bail to a man, arrested under the Arms Act, after the investigating agency failed to procure sanction despite being directed by the court. The judge said that the accused was charge sheeted only for the offence under section 25 of the Arms Act and it is unable to take cognizance of the offence because of non-filing of sanction under section 39 of the Act despite repeated opportunities and directions. The court noted that a number of charge sheets are being filed by the Crime Branch for the offence under section 25 of the Arms Act alone, without requisite sanction under section 39 of the Act despite expiry of a considerable period of time.

The magistrate emphasised that the only purpose for filing the charge sheets without requisite sanction, despite knowing that the court will not be able to take cognizance of the offence, is to keep the accused behind the bars while defeating their right to default bail. “I deem it appropriate to bring the aforesaid matter to the notice of the Commissioner of Police, Delhi with a direction to him to take appropriate action as per law against the erring officers and to ensure that no similar incident takes place in future,” he added. The court said that on August 27 one last and final opportunity was given to the DCP Crime Branch to file the sanction under section 39 of the Arms Act within three days, but lamented that it fell on deaf ears.

The accused cannot be kept in custody for an indefinite period. He is accordingly admitted to bail, the judge said while admitting the accused on bail in an order dated September 7. During the hearing, the police opposed his bail plea on the ground that he is a member of Anil Dujana Gang, and was previously involved in 13 criminal cases and may commit a similar offence.

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