Delhi Court Pulls Up Cops For Illegally Arresting Man In Theft Case. (Representational)
New Delhi: A court in the national capital pulled up the Delhi Police for allegedly arresting a man illegally in a theft case and demanding money from his sister for helping in bailing him out, saying the case appeared to have been solved "just to solve it".
Additional Sessions Judge Sonu Agnihotri directed the deputy commissioner of police (DCP) of Dwarka to inquire regarding the alleged demand of money from the sister of the accused on part of police officials and file a report on January 13.
The court further directed the DCP to take action regarding the illegal detention of Ravi Nanda in the case and file an Action Taken Report (ATR) by January 13.
It also granted bail to Mr Nanda on furnishing a bail bond of Rs 20,000 with one surety of like amount in the case.
The court''s observations came after the investigating officer (IO) said the man was arrested merely on the basis that his sister had a yellow motorcycle with red rims which matched the description as given by the complainant.
When the court asked the IO if in Delhi there can be any other yellow motorcycle with red rims, he submitted that there can be.
The IO had also told the court that no Test Identification Parade (TIP) of Nanda was conducted as the complainant could not identify the accused as he was wearing a helmet at the time of the theft.
He had further submitted that no stolen property was recovered from Nanda.
"Submissions of IO are surprising. IO is asked as to whether in Delhi, there cannot be any other motorcycle of yellow colour having red colour rims, IO has submitted that there can be. In view of what has been submitted by IO, I am of the view that the present case appears to have been solved just to solve the case and the accused appears to have been detained in illegal custody by IO," the judge said in his order passed on January 7.
It further noted that the reply of the IO has been forwarded by the SHO concerned who shared the responsibility for the illegal detention of the accused.
"When there is no possibility of identification of accused and no recovery of stolen property has been effected from accused, arrest of accused merely on the basis of fact that sister of accused owns a yellow colour motorcycle having red colour rims appears to be an act on part of IO of an over zealous police official who in garb of solving present case appears to have illegally arrested accused in the present case," the court said.
During the hearing, Nanda''s counsel submitted that Rs 50,000 was allegedly demanded from the accused''s sister by an assistant sub-inspector for helping in bailing him out. The conversation was recorded by her.
After hearing the audio clip, the court observed that money appeared to be allegedly demanded in the audio clip.
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