Additional sessions judge Kamini Lau also issued notice to the Delhi government seeking its response as to why compensation should not be provided to the four men who were acquitted in the case.
A Delhi court has filed a complaint against four police personnel, including an inspector, and others for implicating four men in a false robbery case saying it involved serious constitutional and human rights violations.
Additional sessions judge Kamini Lau also issued notice to the Delhi government seeking its response as to why compensation should not be provided to the four men who were acquitted in the case.
The court also expressed its concern over the manner in which police officers acted to implicate the accused.
"Serious constitutional and human right violations have been observed by this court in the present case. None of the accused before this court who all come from very poor families, have any previous criminal record. They have suffered detention and trial for an offence they have never committed," the court said.
It acquitted Dalip Kumar, Deepak, Ravinder and Vikas, who were accused of robbing Nitin, the complainant, of his wallet and a mobile phone at knife point on January nine this year at Jahangirpuri in Delhi.
The court expressed surprise after Nitin deposed before it during the trial that no incident of robbery had taken place.
He testified that he went to the police station on instruction of his employer - property dealers Kuldeep Soni, Deepak Soni and Vishwajeet - where constable Sajjan Singh, head constable Dalip, assistant sub inspector Umed Singh and inspector SB Yadav allegedly made him sign some blank sheets.
The complainant also did not identify any of the accusedduring the trial.
The court, which directed an inquiry into the matter by Delhi police's crime branch, was shocked after being told that Nitin was complainant in another FIR bearing No 205/10 dated June 16, 2010 with the same sort of allegations.
Likewise, the court was further told that Kuldeep, Deepak and Vishwajeet were also complainants in different FIRs with similar sort of charges with Jahangirpuri police station.
"It is not the duty of the government to lodge false cases in order to book the suspected criminals. I may say that the officers of the state (police) have failed to act in accordance with law and to perform the duties assigned to them.
"Initiating and instituting false criminal proceedings knowing that there is no just or lawful ground for the same is a serious offence. Registration of false cases against suspects is an impermissible method of crime control," the judge said.
The court made a complaint to the court of Additional chief metropolitan magistrate to initiate criminal proceedings against the policemen, Kuldeep, Deepak and Vishwajeet for lodging the false case, perjury and fabricating evidence with the intent to procure conviction.
It sought a response from chief secretary of NCT government as to why cases registered by Jahangirpuri police station reflecting similar allegations and common complainants and same members of the investigating team be not placed before the chief secretary, government of national capital territory and for re-appraisal and appropriate action in accordance with law.
The court also desired that those cases registered by the police should be recommended for withdrawal.
"The senior officers of the police having come to know of the false registration of FIRs it was only appropriate that the said cases should have been recommended to the competent authority for reappraisal and withdrawal, which has not been done till date," it said.
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