New Delhi: The court is prohibited from winning police jurisdiction because the two state organs operate into certain fields of activities and one must not step on other balls, the city court has said while overriding orders who have been looking for replies from the Delhi Police Commissioner about why cases of alleged fraud filed in Crime Branch over -Ech the police station concerned, while ignoring legal provisions.
The Judge Court had previously directed the top police to submit a list of all representations carried out in the past year for the branch of crime regarding various violations and details of cases where FIR was registered and where not.
It also directs that orders are sent to the Ministry of Home Affairs for the necessary information, so that “prime arbitrary facies” for the policies of the police special commission can be seen.
The police have transferred the court session against orders.
Calling the Magistrate Court command “perverted” and “unreasonable”, the additional session Judge Prashant Sharma said the extraordinary and inherent power in the court did not give arbitrary jurisdiction in the court to act according to the wishes or caprices.
The court said that the order was “reflection of the judicial wisdom carried out in an arbitrary and heretic way”.
Further judges said that the court was not expected to cross the police jurisdiction, unless there was no such intervention it would result in a miscarriage of justice, but at this time the Judge Court had failed to highlight the miscarriage of what justice was produced if the order did not pass.
“The court should not foil any investigation of violations that can be respected.
The criminal process should not be fired at the initial stage.
Furthermore, the court is prohibited, the court is to win the police’s jurisdiction because the two state organs operate into certain fields of activities and one must not step on the other ball.
Function Justice and police complement each other does not overlap, “said the court in its order.
It was added, “The same in the extraordinary case where non-interference will result in miscarriage of justice, court and the judicial process should not interfere in the investigation stage of violations …
it is clear that the jurisdiction of the Magistrate Court and Metropolitan Police have to be interpreted as separate.” He noted that previous observations, that there ignored the provisions of CRPC exercises and arbitrary over the policy by the Commissioner in Registration FIR, can decide the fate of the FIR that was questioned and therefore, had the effect of ending the main process of the case once for all and could decide on the case This is finally.
It was said that the Magistrate Court had concluded the implementation of arbitrary wisdom by the Special Commissioner without giving him the opportunity to hear.
Additional Public Prosecutor, emerged for the police, has proposed that the Ranjan Oberoi complainant has been directly approaching the police specialized Commissioner Office, Crime Branch and filed his complaint, which formed the Basic FIR concerned.
He further said that the complainant had made a complaint overcoming a special commissioner, the police, headquarters, ITO, made to ACP, STF, crime branch, for the necessary actions.