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Posted On : 11 Aug, 2017  Source : PTI  Place : New Delhi 
Court sets aside order to lodge FIR against senior cop
A Delhi court has set aside an order directing lodging of an FIR against a senior police official for allegedly assaulting a junior, saying it was not appropriate as the complaint against him had already been withdrawn.

The sessions court allowed the revision petition filed by an Assistant Commissioner of Police (ACP), observing that the magistrate should have kept in mind that a case against a public servant has serious consequences before directing the DCP concerned to register an FIR.

"Registration of FIR has serious consequences especially for government officials who can get proceeded against departmentally also for the same. Here is a case where the complainant, who is a police official lower in rank than revisionist (ACP), has levelled allegations against him. The police department has not initiated any action against the ACP," Special Judge Ashutosh Kumar said.

It noted that from the court's order, it was clear that the Deputy Commissioner of Police (DCP) concerned had mentioned in its report that the complainant has been examined and he would be withdrawing his complaint before the court.

"In such a situation, order for registration of FIR and its consequences would result in ridicule of the revisionist and would seriously prejudice his carrier till the outcome of the case FIR," the court said.

There was no material before the trial court to opine that the complainant was under pressure. No other cogent reasons for what weighed in mind of the magistrate has been mentioned, it said.

Thus before ordering for registration of FIR against a senior police official, trial court ought to have taken precautions and looked into the aforesaid points, the sessions court said.

A 54-year-old policeman had moved the court seeking lodging of an FIR against the ACP for allegedly assaulting him when he was on election duty.

He, however, later withdrew his complaint which the trial court termed to be "done under pressure" of senior police officials.

The trial court went ahead with the matter and ordered lodging of an FIR against the ACP.

The sessions court set aside the trial court's order saying it was "not sustainable" in law as well as on facts.
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