JUDGMENT

Jyoti Singh, J. (Oral) - This writ petition has been filed on behalf of the Petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking expungement/deletion/quashing of remarks/strictures/observations in the impugned order dated 20.08.2022, passed by learned Additional Sessions Judge-01/Special Court (POCSO), South-East District, Saket Courts, New Delhi in case titled `State v. Rakesh Verma' in BAIL APPL. No.2531/2022 arising out of FIR No.316/2017 registered under Sections 363/376 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (`POCSO Act') at PS: Kalkaji.

2. Factual matrix to the extent necessary and emerging from the petition is that FIR bearing No.316/2017 was registered on 07.07.2017 under Sections 363/376 IPC read with Section 6 of POCSO Act. On 02.08.2022, an application filed by the Accused seeking bail being BAIL APPLN. No.2531/2022, was listed before the Sessions Court. Directions were issued to the State to file reply to the application and secure the presence of the Victim on the next date i.e. 20.08.2022. On the adjourned date, the application came up for hearing at 10:28 AM, however, neither Petitioner nor anyone else appeared to represent the State and the learned Sessions Court passed an order making certain observations against the Petitioner herein and directing Commissioner of Police, Delhi to suspend him and take strict disciplinary action. Few minutes later the matter was mentioned when SI Roshan Lal appeared and he apprised the Court that reply was filed and also gave explanation for non-production of the victim. The Court did not accept the justification given and passed further remarks that the SHO and IO were violating Court orders and not filing replies or producing victims etc. Relevant part of the order is as follows for ready reference:

"No reply has been filed by the IO/SHO. Neither the victim has been produced. In fact no body has appeared on behalf of SHO PS Kalkaji. It is already 10.28 a.m. considering the numerous orders passed by this court in the last almost one month, lastly orders dated 18.08.2022 passed in case FIR no. 565/16 PS Kalkaji, reflecting the conduct of SHO PS Kalkaji and absolute failure on his part to improve his conduct, repeated non complying with the orders of the court, non appearance in the court, no filing of the reply, it is a fit case where SHO PS Kalkaji shall be suspended immediately by the Commissioner of Police, Delhi and strict disciplinary action be taken against him. Let copy of present order be sent to the office of Commissioner of Police, Delhi in this regard and report be called from his office within 3 days from today.

Relist the bail application now on 27.08.2022."

Sd-

ASJ-I (POCSO) South East

Saket Courts, New Delhi/20.08.2022

10.35 a.m.

At this stage, SI Roshan Lal has appeared on behalf of the SHO PS Kalkaji. He has filed reply to the bail application however the victim has not been produced. In fact though he is filing the reply however he has stated that he was not provided with the copy of bail application. As regards non production of victim is concerned, it is stated that victim has changed her address and hence she could not be contacted. It is to be seen that notice of bail application was issued on 02.08.2022 and today is 20.08.2022, SHO and IO had almost 3 weeks time to trace the victim and produce her in the court as per mandate of Hon'ble High Court of Delhi but no sincere efforts have been made in this regard. Only lame excuses are being made which is repeatedly wasting the time of the court. The SHO and IO are repeatedly failing to file reply to the bail applications, the IOs are not appearing to seek remand of the accused persons, victim are not being produced, no replies are being filed in interim compensation applications. The SHO is flouting of the orders of the court with impunity and there is no change in his conduct. Same cannot be absolutely tolerated. Victim be produced