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FPJ Legal: Delhi court raps police for 'creating fear of arrest' in man's mind, warns of action

02:09 PM Oct 23, 2021 |

New Delhi: A Delhi court has pulled up some police officials for creating fear about false implication and arrest in a case in a man's mins and asked them why proceedings should not be initiated for their conduct.

Complainant Zakir approached the court alleging that a police official of Delhi's Dayalpur police station harassed him and his father and threatened to arrest the entire family without disclosing the contents of an FIR, a claim refuted by the police.

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In a reply filed to his plea, the police submitted that no cognizable offence was found committed by Zakir and no FIR has been registered against him, adding that Zakir's father was not harassed, rather he was intimated about the complaint.

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Noting that the police did not adopt the correct procedure, Additional Sessions Judge Sunil Chaudhary said that the act of the police officials deputed in the police station "created fear" in Zakir's mind about his false implication and arrest and forced him to approach the court.

"Thus, considering the facts, let show cause notice be issued to the officials of PS Dayalpur as to why proceedings be not initiated against them for payment of compensation to the applicant for their conduct," the judge said in an order dated October 22.

Notably, Zakir said that his father received a call from an official of the Dayalpur police station on October 14 and was threatened to come to the police station and when his father enquired about the FIR, he did not disclose the same. However, the police stated that on October 14, a man named Naimuddin gave a complaint about quarrels and beatings against Zakir

He went on to say that under the law if a complaint discloses a cognizable offence then the police is duty-bound to register an FIR and investigate the allegations but according to the police's reply, the complaint did not disclose any cognizable offence.

"...in those events, if Station House Officer was of the impression that the complaint needs investigation then he has to seek the permission to investigate the matter from the Court concerned but he did not adopted the said procedure," ASJ Chaudhary added.

Notably, Zakir said that his father received a call from an official of the Dayalpur police station on October 14 and was threatened to come to the police station and when his father enquired about the FIR, he did not disclose the same.

The complainant, through his lawyer, submitted that the police official harassed him and his father unnecessarily and that on October 15, some police officials visited his residence but did not disclose the purpose of the visit and threatened to arrest the entire family.

However, the police stated that on October 14, a man named Naimuddin gave a complaint about quarrels and beatings against Zakir. "Father of the applicant has not been harassed and no threat has been given rather he was intimated about the complaint given against him," the prosecutor told the court.

Also Read: FPJ Legal: Court dismisses JNU student Sharjeel Imam's bail plea in northeast Delhi violence case

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