The main legal point established in the judgment is the importance of timely FIR registration and the accountability of police officers.

JUDGMENT :

Rajnish Bhatnagar, J.

Crl.M.C. 4174/2019 & CRL. M.A. No. 34223/2019

1. The petitioner has filed the present petition with the prayer to set aside the directions passed by Additional Session Judge-03, Central District, Tis Hazari Court Delhi vide order dated 14.08.2019 in case FIR No. 22/2019 U/s 420/467/468/471 and 120-B IPC registered at P.S. IP Estate.

2. The facts relevant are that on 18.09.2015 a complaint was filed by Dr. Y.K. Sarin, Medical Superintendent, Lok Nayak Hospital, Delhi. On 30.01.2019, FIR bearing No. 22/2019 U/s 420/467/468/471 and 120-B IPC was registered at PS IP Estate. As per the complaint a Special Audit of accounts of Lok Nayak Hospital was conducted for the period 01.04.2012 to 31.08.2014 by the Directorate of Audit which submitted its report on 01.04.2015. In the said audit report, it was pointed out that a substantial amount of money was transferred through Electronic Clearing System (ECS) from the salary head account of Lok Nayak Hospital, Delhi to 10 bank accounts of unknown persons. As per the report a total sum of Rs. 1,29,47,603/- was transferred in the accounts of 10 unknown persons by one Rajesh Dahiya, LDC of the hospital who was posted in accounts branch of Lok Nayak Hospital and was looking after the work of preparation of salary bills of junior residents/senior residents in the account branch. Thereafter, accused Dharambir, Naveen, and Jagmander Singh moved an application for anticipatory bail which came up for hearing on 30.07.2019 before the Addl. Sessions Judge-03, Central District, Tis Hazari Court, Delhi.

3. During the course of hearing of this bail application, the Ld. A.S.J. observed that there was delay of more than 3 years in the registration of the FIR and also observed that not only the police officers holding the enquiry/investigation in the complaint but their superiors officers who allowed the matter to be suppressed are responsible and culpably accountable for this delay. The Ld. A.S.J. further observed that the probe has been botched up which gives an impression that the accused persons enjoyed the patronage of police officers who in turn were shielded by their superiors, thereby forming a cartel. After observing this and relying on Lalita Kumari Vs. Govt. of U.P., Crl. MP No. 5029 of 2014 in WP (Crl.) No. 68 of 2008 and Kanwar Sain Gupta Vs. NCT of Delhi, Crl. MC No. 2621/2012 dated 21.07.2016 of the High Court of Delhi, issued the following directions :

"The Commissioner of Police is directed to look into the matter and to take action against the earring police officers, under intimation to this Court, and to order for registration of FIR against the said police officers, after examining whether they were in contact with the offenders at the time of their inaction."

4. However, the Ld. A.S.J. did not deal with the bail application of accused persons and the entire focus of the Ld. A.S.J. was on the delayed registration of FIR and role of the police officers from top to bottom. The bail application was then fixed for arguments on 14.08.2019. But again on 14.08.2019 no decision with regard to the grant or dismissal of the anticipatory bail application was taken and the Ld. A.S.J. passed the following order :

"The order was sent to the Commissioner of Police. No report or even intimation of initiation of action has been received from the office of Commissioner of Police.

On the contrary, apparently the Commissioner of Police has earmarked the complaint to the Deputy Commissioner of Police, Central District to investigate the role of his superiors, among others. So eager was the Commissioner of Police to suppress the breach that he did not even care to assign the enquiry to a competent person who is higher in rank to the persons who are under the scanner.

A cryptic report is being submitted today on behalf of DCP (Central District) which reads as follows:

"With reference to above mentioned order, it is submitted that an enquiry into the matter is being conducted and the same