Court directs probe against 3 cops in property dispute case

A local court has ordered Delhi Police to initiate an appropriate inquiry against three of its officers including an ACP for allegedly shielding the real culprits in a property dispute case by their "partisan", "motivated" and "biased" probe.
Additional sessions judge Hemani Malhotra directed for the probe while disposing of two revision petitions filed by Deepak Agnihotri against a trial court verdict which had refused to order further probe in the property dispute case.
Agnihotri had also challenged the trial court order which had dismissed his second plea for seeking registration of FIR against five accused who trespassed into his residential property.

"I have no manner of doubt that Investigating Officer (IO) had shielded the real culprits by this partisan, motivated and biased investigation.
"It is not requested but directed to initiate appropriate enquiry against these three police officers namely Inspector Biswajit Kumar (IO), SHO Sanjay Bhardwaj and ACP Bal Kishan," the judge said, while noting that a "shoddy probe was approved mechanically and blindly by the SHO and ACP".
The court also directed the Special Police Commissioner of Delhi (Law and Order) to get the matter (property dispute) further probed by an independent and competent police official not below the rank of ACP.

The court also set aside the orders of the magistrate, saying these were passed "without applying judicial mind and have resulted in miscarriage of justice".

"It is also regrettable that the magistrate has passed these perverse orders without applying his judicial mind resulting in miscarriage of justice. I therefore, set aside the impugned orders and accept the revision petition," the court said.
The complainant alleged that Sunder Lal Amarpari, a north-west Delhi resident, and his family members had on August 25, 2005 trespassed into the residential flat belonging to Agnihotri's family.
It was alleged that with the help of 10 forged sale documents notorised on July 4, 2005, Amarpari claimed that the flat was sold to him by Agnihotri's family.

Police had initially refused to lodge an FIR against Amarpari and his family members and therefore complaint cases were filed against them by Agnihotri.