A Station House Officer, who was facing the charge of molesting a lady constable in a police station, has got relief from the Delhi High Court which set aside a sessions judge's order to register an FIR against him.
Justice Ved Prakash Vaish, however, restored the magisterial court's finding that the complainant will lead pre-summoning evidence in her complaint against the then SHO B S Rana of Kalkaji Police Station in south Delhi.
The sessions judge had in August last year expressed its displeasure over a magisterial court's refusal to order registration of FIR on the 22-year-old lady constable's complaint.
"In the instant case, the parties (the then SHO Rana and the lady constable) are known to each other. The evidence on which respondent no.2/complainant relies is within her knowledge and control and if need were to arise for the investigation, such possibility is not precluded as the Metropolitan Magistrate entered upon the inquiry under CrPC..
"Under these circumstances, Metropolitan Magistrate, Delhi, had exercised the judicial discretion envisaged under the CrPC and directed the complainant to lead pre-summoning evidence," the judge said.
"In view of the aforesaid discussion, the petition succeeds. The Additional Sessions Judge, South East, Saket, New Delhi, had no occasion to interfere with discretion of the Metropolitan Magistrate, Delhi. Thus, the impugned order of August 1, 2013 passed by the Additional Sessions Judge is set aside and the order of June 27, 2013 passed by the Metropolitan Magistrate, Delhi is restored," the bench added.
The court's order came on a plea filed by Rana who came in appeal against the sessions court's August 2013 decison which had ordered lodging of an FIR against him and had also sought his presence before it.
