New Delhi:
A local court has ordered a registration of an FIR against the Delhi Police Officer for alleged hatred crime during the communal riots of February 2020 in the northeast of the city.
The court also informed the conduct of the investigating officer (IO) to fail to interrogate the alleged role of former MLA Kapil Mishra in the rioting incident related to the case, saying that he covered the allegations against BJP leader. Tried to do “.
Judicial Magistrate Udbhav Kumar Jain was hearing an application under Section 156 (3) of the East Code of Criminal Procedure (CRPC), demanding court instructions.
Under this section, Shakti can be used by the magistrate to direct the police to investigate a cognitive offense.
The complainant, one Mohammad Wasim claimed that he attacked five of the five people and forced them to sing the national anthem during communal riots on 24 February.
A clip that was widely broadcast on social media, shown to beat five Muslim men to be beaten up by policemen and forced the national anthem and “Vande Matram”, the National Song to sing.
In an order on January 18, the court said, “Clearly, SHO Police Station Jyoti Nagar, Tomar (Post was not provided with the full name) and other unknown police officers in hatred crimes against the complainant or the victim. They cannot be attached and preserved. Under the prostitute of approval, the alleged crimes committed by them cannot be committed to acting or acting in the discharge of their official duties. It directed that an FIR should be registered under Section 295A (intentionally and under malicious acts by insulting the religious sentiments of any class by insulting their religion or religious beliefs). And 506 (criminal intimidation) of the Indian Penal Code (IPC).
The court said, “The current SHO is directed to a responsible officer not below the post of Inspector to investigate the current case and can be detected during the investigation of the role of other unidentified police officers involved in the commission of alleged crimes. Is, “The court said.
It was noted that an action reported by IO was filed by IO which denied the allegations of the complainant only.
The court said that no important step was mentioned in the report taken that was taken to conduct a preliminary investigation and kept quiet about the CCTV camera footage of the alleged incident.
It said, “Thus, investigation related to alleged acts or crimes against the complainant has not been properly conducted.” This also paid attention to Wasim’s claim about identifying Mishra as a riots crowd.
“The complainant noticed that Delhi Police personnel were fully supporting the alleged accused Kapil Mishra. Policemen were also stoning Muslims, and firing bullets. His life and after that, most rioters led by Kapil Mishra’s leadership Also moved towards Chand Bagh, shouting the slogans of Chand Bagh, “the court said.
Regarding the allegations against Mishra, the court said that “IO was more concerned about police officers and either he failed to investigate against the alleged accused number 3 (Mishra) or he against the accused against the accused Tried to cover the allegations. And the action reported was completely silent “.
“The Constitution guarantees equal protection before law and equality before the law and no civilian law enjoys any special treatment from the rule of law. The alleged accused number 3 is in public sight and is prone to more investigation; In the society, such a person is directed in the society.
However, it directed the complainant to contact the special court, who was able to try crimes against the former or sitting MLAs.
Last July, the Delhi High Court transferred a case related to the death of a 23 -year -old man to the Central Bureau of Investigation (CBI), which was seen in the video, allegedly attacked and singing the national anthem during the riots. Was forced to.
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