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SWARANA KANTA SHARMA
Sanjay Kumar Sain – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. By way of present Writ Petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 ("Cr.P.C."), the petitioner, who is currently posted as Deputy Commissioner of Police, North East Delhi, seeks quashing and setting aside of orders dated 13.10.2022, 24.11.2022 and 07.12.2022, passed by learned Additional Sessions Judge, North East, Karkardooma Courts, Delhi, in Sessions Case No. 298/2019 titled "State Vs. Sunil @ Kallu & Ors.", to the extent of observations and remarks made against the petitioner herein and also to recall and cancel the Bailable Warrants issued against the petitioner vide order dated 07.12.2022.
FACTUAL MATRIX
2. The facts and circumstances, leading to the filing of present petition, are that an FIR bearing no. 246/2019 was registered under Sections 22/29 of NDPS Act, 1985, at Police Station Khajuri Khas, wherein 5 accused persons were arrested. Chargesheet under Section 173(2) of Cr.P.C. was filed on 14.08.2019, and a supplementary report was filed on 30.10.2019 to bring on record the FSL report, which confirmed the seized contraband to be `Tramadol'. By way of another supplement
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 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....
The duty to prepare and put questions to the accused under Section 313 Cr. P.C. rests with the Courts only, and the assistance of the prosecutor or defence counsel in preparing relevant questions doe....
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
The judgment emphasizes the authority of the Station House Officer to seek release of accused under Section 169 Cr.P.C. and the need for restraint in recording non-essential disparaging remarks.
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.
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