A court here has directed a deputy commissioner of Delhi Police to give one-week training to the SHO of a police station apprising him of basic law, procedure and ethics after he failed to file reports with the requisite sanctions in a 2018 alleged murder case. Additional Sessions Judge Sonu Agnihotri directed the DCP of south west Delhi's Dwarka to conduct an inquiry against the station house officer (SHO) of Chhawla Police Station for filing a supplementary charge sheet without the required sanction from the concerned authorities and for "deliberately" not filing reports in the case.
"ASI (Assistant sub inspector) has produced supplementary charge sheet containing FSL (forensic science lab) result of ballistics. The same does not contain any sanction of DCP Dwarka," the court said. "Further, such supplementary charge sheet should have been filed before concerned metropolitan magistrate for the purpose of taking cognizance under the Arms Act and should have been received by this court by way of committal. SHO of Police Station Chhawla does not appear to be aware of this basic procedure or is trying to play smart with the court," it added.
The SHO is the investigating officer (IO) in the case in which three persons have been arrested for allegedly entering a man's house and shooting his wife dead in 2018. The court asked the DCP to file the status report on the training and the inquiry before it on September 4, the next date of hearing.
"Let copy of this order be sent to DCP Dwarka with direction to give one week training to SHO PS Chhawla to apprise him of basic law, procedure and ethics… Perusal of record shows that SHO PS Chhawla is sending requests in the present matter consistently and is not appearing," the court said. "It appears that deliberately reports are not being filed by SHO PS Chhawla in the present matter for reasons known to him. Let an inquiry in this regard be conducted by DCP Dwarka and report in this regard be filed before this court," it said.
The court was informed that the FSL report regarding Digital Video Recorder (DVR) has not been filed by the SHO even after one year of filing the charge sheet in 2018 and hence testimonies of witnesses in the case could not be recorded yet. "One order/letter in this matter from Member Secretary, DLSA… has already been received wherein request has been made to record testimony of witnesses on the next date of hearing or as early as possible as witness in the matter is facing threats... Public witnesses in the present matter is not being recorded for want of FSL report," it said in its order.
The court further said that perusal of record showed that though a supplementary charge sheet containing Ballistic Examination Report and Biological Examination Report has been filed on behalf of the SHO on March 13, 2019, it has been forwarded only by him and not by the concerned Assistant Commissioner of Police which was violative of provisions of the Code of Criminal Procedure. "Further, the supplementary charge sheet should have been filed by the IO before the concerned area MM for purpose of taking cognizance under section... of the Arms Act. Very surprisingly, the supplementary charge sheet has been filed without any sanction from DCP concerned... It appears that the SHO lacks basic knowledge of law," the court said.
"Further surprising is the fact that Ballistic Expert report and Biological Examination report are dated October 29, 2018 and November 12, 2018 but still supplementary charge sheet took more than four months to get ready and be filed," it said.
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