The Hindu : New Delhi News : Action ordered against investigating officer

Online edition of India's National Newspaper
Friday, Dec 10, 2004

New Delhi

New Delhi

Action ordered against investigating officer

By Our Staff Reporter

NEW DELHI, DEC. 9. A Metropolitan Magistrate (MM) here today asked the Deputy Commissioner of Police (DCP), New Delhi, Anita Roy, to take necessary action against the investigating officer in an assault case in which the Delhi Chief Minister Sheila Dikshit's daughter, Latika Dikshit, is an accused.

The MM, G.P. Singh, issued the direction when he found that the IO had recorded the statement of Latika under a Section of the Criminal Procedure Code which is meant for recording the statement of a prosecution witness.

Taking a strong exception to the recording of her statement under 161 of the Criminal Procedure Code meant for prosecution witnesses, Mr. Singh directed his court staff to send a copy of the order to the DCP, New Delhi, for information and necessary action and for getting the investigation done in the right manner as embodied in Chapter XII of the Code.

Earlier, the investigating officer through a status report submitted that despite serving of notices thrice on the complainant in the case, Akshay Kumar Sharma, he had not joined the investigation for one reason or the other.

Refuting the allegation levelled by the investigating officer, counsel for Mr. Sharma, submitted that his client was not given sufficient time to join the investigation.

Observing that the complainant, who had set the criminal investigation in motion, was expected to assist the investigating agency for reaching a fair and just conclusion, the MM also stated that the IO conducting the investigation under the above-mentioned chapter of the Code was not empowered to record the statement of the alleged accused under Section 161 of the Code.

Mr. Singh also directed the investigating officer to appear before the court with a status report of the case as well as the case diary on February 5.

Following directions from the court, the Tilak Marg police had registered the case against the CM's daughter this past September on a complaint by Mr. Sharma, a lawyer in the Patiala House courts here.

As per the allegation, Latika had used "abusive" language when the lawyer had asked her to move her car which was allegedly blocking his way on Purana Qila Road on August 25 this year.

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