The Delhi High Court in a petition filed by a police officer seeking quashing of an FIR filed against him under section 4 of the SC & ST Act, 1989 has issued notice and has also directed to stay registration of FIR against the Police Officer if in case it has not been registered till date.
Single Judge Bench of Justice Rajnish Bhatnagar was hearing a petition filed challenging an order passed by Additional Session Judge in which direction has been made to file an FIR against the Police Officer under section 4 of the SC/ ST (POA) Act, 1989.
Senior Advocate Mr. Vikas Pahwa appearing for the petitioner submitted that in a case the petitioner was investigating officer and discharging his official duty conducted fair impartial and bonafide detailed investigation and filed the charge sheet. Mr. Pahwa then submitted that under section 4 of the Act, no order can be passed for registration of FIR for willfully neglecting the duties under section 4 of the Act without any administrative inquiry.
Whereas, the Additional Public Prosecutor submitted that she is not aware as to whether FIR has been registered till date or not and has also sought time to file status report. However, the Court issuing notice to the State, directed the respondent to file status report under the signature of Joint Commissioner of Police and FIR is not registered till date then the registration of the FIR against the appellant is stayed till further orders.
-India Legal Bureau