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 interfering with the investigation process.

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 glass injury) mentioned in the statement of the victim recorded under Section 164 Cr.P.C. Immediately upon noting these concerns, the Ld. ASJ stated that “This is a serious lapse on the part of Investigating Officer and makes her liable for departmental action. DCP (South) shall take appropriate action against the Investigating Officer for the aforesaid lapses”. The Ld. ASJ then directed DCP (South) to conduct an inquiry into the reasons for delay in registration of FIR, fix the responsibility of police officials who were responsible for such delay and take disciplinary action. DCP (South) was to intimate the Court about the result of the inquiry on the next date of hearing. The matter was listed for 17th August, 2022. On 17th August, 2022, the Ld. ASJ noted that a report had been filed by the DCP (South) stating that an inquiry had been conducted which revealed that the complainant/victim neither stated that a nail was inserted on a leg by accused during her medical examination nor the victim mentioned that she was hit with a piece of glass in her hand by the accused during her medical examination. The Ld. ASJ, however, said that even though these facts did not emerge in the FIR or during medical examination of the victim, it was recorded in her statement under Section 164 Cr.P.C. and the IO ought to have then taken an opinion on these injuries by the doctor. On this issue, the Ld. ASJ noted that no efforts had been made by the DCP (South). Further, on the issue of delay of registration of the FIR, the report by DCP (South) stated that since the family members of the victim were found absconding from their house, and the victim was not traceable, the delay on the part of the IO in registration of the FIR was not intentional. On this, the Ld. ASJ noted that registration of the FIR is the job of the SHO PS Sangam Vihar and that the DCP (South) was oblivious of the law. It was further noted by the Ld. ASJ that the victim was not called by the DCP (South) for the purpose of this inquiry. It was, therefore, concluded by the Ld. ASJ that no proper, fair or impartial inquiry was conducted by the DCP (South) and this report was “nothing but an eyewash to cover up the lapses on the part of concerned delinquent police officials”. The Ld. ASJ then ordered an inquiry into the entire matter by the Commissioner of Police, Delhi on whether the victim along with her mother had visited the PS Sangam Vihar on various dates, and whether the victim was made to sit in the police station for long time without any reason and whether there was a deliberate omission on the part of the IO in obtaining the opinion of the concerned doctor. The matter was listed for 31st August, 2022.

3. On 31st August, 2022, a report was filed on behalf of the Commissioner of Police with the