STATE (NCT OF DELHI) Vs. PRINCE

JUDGEMENT

(1.) This petition has been filed for setting aside order dtd. 23/2/2023, 25/2/2023, and 15/3/2023 passed by the Ld. ASJ-03, South-East District, Saket Courts, New Delhi in Bail Application No. 551/2023 to the extent where the Ld. ASJ has called for Action Taken Report (ATR) from the Commissioner of Police and/or the Deputy Commissioner of Police. Further, relief is sought for setting aside directions by the Ld. ASJ for conducting inquiries against the petitioner and other police officers as also expunging of remarks and/or observations made in the said order relating to the police officers.

(2.) The background facts related to an FIR bearing No. 83/2023 PS Chitranjan Park registered under Ss. 33/52 of the Delhi Excise Act, 2009 against the accused Prince. The accused filed the bail application seeking regular bail. On 23/2/2023, the Ld. ASJ while hearing the bail application noted that as per the previous involvement report of the accused, he was shown to be involved in 17 cases, but status of only 5 cases had been mentioned. The Ld. ASJ adverted to the Standard Operating Procedure dtd. 29/1/2021 issued by the order of the Deputy Commissioner of Police issuing directions that all SHOs of South District were directed to complete the registers and Crime and Criminal Record of CCTNS of the respective police stations. Also, the record of the SCRB (State Crime Record Bureau) may also be updated expeditiously on regular basis. For this, it was directed that the SHOs shall personally liaise with the ACP/CRO to complete/update the record in SCRB. In the event any element of information in relation to a person is not complete regarding a particular FIR, the IO shall obtain the updated status from the concerned police station, prison, or court, and file additional information-sheet separately signed by him indicating such updated status, without making any interpolations in the SCRB report. It was further directed that before an SCRB report is filed, the SHO of the concerned police station shall counter-sign the SCRB report and the additional information-sheet, if any. This was as per the procedure laid down by this Court while hearing Bail Application No. 2470/2020 titled 'Ravi Kumar @ Shooter v. State (NCT of Delhi)' vide order dtd. 16/12/2020.

(3.) The Ld. ASJ noted that the SHO and IO PS CR Park had failed to comply with the said order as well as the SOPs, and directed DCP (South) to take action against SHO and IO PS C.R. Park for non-compliance of the said order and SOP and filed an ATR. Before the next date of hearing 25/2/2023, a report was submitted by the DCP (South) noting that lapses were found on part of the SHO and IO for non-compliance of the order dtd. 12/9/2022 and the SOP dtd. 29/1/2021 as also of SHO Kotla Mubarakpur for not updating the record of the SCRB. Consequently, an Explanation Calling Notice (ECN) was being issued to the SHO C.R. Park and SHO Kotla Mubarakpur for non-compliance of the above, and a show-cause notice for Censure was being issued to IO PS C.R. Park for submitting the previous conviction report without verifying the record. An updated involvement report was directed to be filed through the IO before the Court on 25/2/2023.