New Delhi, July 6 (SocialNews.XYZ) The Delhi High Court has directed the Deputy Commissioner of Police (DCP) concerned to inquire into the circumstances under which an Investigating Officer (IO) sought permission to travel to Mumbai for the "search and arrest" of an accused despite the latter being under interim protection from arrest.
A single-judge Bench of Justice Prateek Jalan passed the direction while hearing the anticipatory bail plea of Amit Jain in connection with an FIR registered at Subhash Place Police Station.
In its order, the Delhi High Court recorded the submission of the applicant that he had obtained, under the Right to Information (RTI) Act, a document showing that the IO had sought permission from his superior officer to travel to Mumbai "for the purpose of investigation (search and arrest of the accused)" in connection with the present FIR and another criminal case.
According to the applicant, the request was submitted by the IO, forwarded by the Station House Officer (SHO), and approved by the concerned Assistant Commissioner of Police (ACP) on May 8, during the period when the Sessions Court had granted him interim protection from arrest.
Taking note of the submission, the Delhi High Court directed the concerned DCP to conduct an inquiry into the matter. "In these circumstances, the concerned Deputy Commissioner of Police is directed to inquire into the matter and file a report before this Court regarding the circumstances in which such request came to be made and approved, despite the above position," Justice Jalan ordered.
The Delhi High Court further observed that the document placed on record also appeared to contain inconsistencies. "There are also apparent errors and discrepancies contained therein, including relating to the destination for which permission was sought," the order said.
During the hearing, Additional Public Prosecutor Manjeet Arya submitted that although the applicant had joined the investigation pursuant to the interim protection granted by the Delhi High Court on May 14, certain additional documents were still required from him.
Recording the submission, Justice Jalan directed the Investigating Officer to furnish a list of the required documents to the applicant within two days. Counsel for the applicant assured the Delhi High Court that any such documents in his possession would be supplied to the investigating agency.
Senior advocate Manu Sharma, appearing for the complainant, was also permitted to place additional documents on record before the next date of hearing.
The matter has been listed for further hearing on July 14.
Source: IANS
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