Delhi High Court Sets Aside Order for FIR Against Police Officer in SC/ST Act Case, Citing Lack of Preliminary Enquiry
The Delhi High Court today quashed an order directing the registration of an FIR against ACP Bijender Singh under the SC/ST Act, emphasizing the necessity of a preliminary enquiry before initiating criminal proceedings against a public servant.
The case arose from a parking dispute involving a complaint against police personnel, leading to an FIR under the SC/ST Act and IPC. The appellant, ACP Bijender Singh, filed the chargesheet but was later directed by a special court to lodge an FIR against himself for alleged non-compliance with the SC/ST Act. The appeal contested this order.
The complaint, initiated over a parking scuffle, escalated into allegations of insult and threat under the SC/ST Act. The appellant, as the investigating officer, filed a chargesheet without arresting the accused, citing Supreme Court guidelines. The complainant accused the appellant of dereliction of duty under the SC/ST Act, leading to the special court’s order for an FIR against Singh.
Justice Jasmeet Singh highlighted the need for a preliminary enquiry in cases against public servants, referencing the Supreme Court’s rulings in P. Sirajuddin and Lalita Kumari. The Court observed that the special court passed its order hastily without such an enquiry. It was noted, “It is not the function of the court to monitor the investigation process so long as the investigation does not violate any provision of law.”
The judgment underscored the legal requirement for a preliminary enquiry before initiating criminal proceedings against public servants, as per the proviso to Section 4 of the SC/ST Act and as established in Lalita Kumari.
The Delhi High Court set aside the impugned order, stating, “Hence, once the administrative enquiry has exonerated the appellant from the same charges, then the continuation of the criminal prosecution would be an abuse of process of law.”
Bijender Singh Vs. State & Anr.
Date of Decision: February 08, 2024
