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ANISH DAYAL
State (NCT Of Delhi) Through Deputy Commissioner Of Delhi Police (South District) – Appellant
Versus
Sumit Gupta – Respondent
JUDGMENT :
1. This petition has been filed by the State seeking setting aside orders dated 08th August, 2022, 17th August, 2022, 24th August, 2022, 29th August, 2022 and 31st August, 2022 passed by the Ld. ASJ, South District, Saket Courts in Bail Application 1395/2022 arising out of FIR No.267/2022 PS Sangam Vihar, Delhi as also for expunging extra judicial remarks made against the police officers and setting aside directions of initiating inquiry against the police officers. Besides this specific relief, other directions are sought towards subordinate Courts to not insist upon any reports from any particular officers or rank of officers under signatures of particular officers or rank of officers and further for subordinate Courts to abide by guidelines in relation to monitoring investigations.
2. The issue arose in relation to a hearing (on 08th August, 2022) of a bail petition No.1395/2021 of the respondent in FIR No.267/2022 PS Sangam Vihar by the Ld. ASJ. The Ld. ASJ while hearing the bail petition noted two of his concerns. First, a delay in the registration of the FIR and second, the omission to ascertain the opinion of the doctor on some of the injuries (nail in the leg and
The judgment establishes the principle of judicial restraint and circumspection in commenting on the conduct of police officials, emphasizing the limitations of the court's jurisdiction in interferin....
Importance of accurate records and compliance with SOPs in the bail process, caution against immediate disciplinary actions without ascertaining the actual facts from the Police Department.
Judicial officers should exercise care and caution before making remarks and issuing directions that are beyond the scope of judicial functions and could have serious implications on the careers of p....
The judgment emphasizes the need for judicial restraint and discipline in passing remarks against police officers and investigating agencies, highlighting the importance of exercising caution and con....
The importance of giving an Investigating Officer an opportunity to explain his conduct and the need for strict relevance of remarks censuring the action of police officers.
Adverse remarks – There is difference between criticising erroneous orders and criticising a Judicial Officer – First part is permissible – Second category of criticism should best be avoided – No co....
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