Court pulls up Delhi police for lapses in probe in 8-year-old case

A Delhi court has pulled up the Delhi Police for a “serious lack of professionalism and lapses in the investigation” in an eight-year-old case after a woman approached the court with an application to call for a status report of the investigation into the death of her husband
The court rejected an untraced report filed by police holding it to be an example of “abdication of responsibility”. It directed the deputy commissioner of police (south east) to delegate a responsible officer for a complete, fair, expeditious and time-bound investigation into the case and file a proper status report.
The court thus directed Delhi police to complete the investigation within four months. The matter has now been listed for filing of a proper status report under the signatures of the DCP on March 11.
“It is extremely unfortunate and disappointing to note that there is a substantial unpardonable and unexplainable delay in filing the report under Section 173(2) CrPC (here the untraced report), that too with the complainant being pushed to the brink to prod/nudge the Delhi Police out of slumber into action and pursue the case by requesting for a status report, after being kept in dark for so many years,” additional chief metropolitan magistrate (ACMM) Shriya Agarwal remarked in the order passed on February 1.
The woman’s husband was killed in an accident during which he was electrocuted after coming in contact with an electricity pole near Badarpur Metro station.
The court was hearing the application moved by one Sonia calling for a status report regarding the investigation in a case filed by her in 2016 under section 304A (causing death by negligence) of the Indian Penal Code.
She had moved the application in March 2023 stating that despite the registration of FIR in the year 2016, police did not provide the information regarding the case to her and upon visiting the police station, the investigating officer did not provide a satisfactory reply.
“If police in a Capital city like Delhi, were this helpless, one can only wonder what might be happening in the remote areas, where necessary paraphernalia may be otherwise lacking,” the court added.
The court sought a reply from the Delhi Police, after which the agency submitted that the investigation had been closed and an untraced report was prepared in 2019. Police said it could not be filed due to the pandemic and the shifting of the police station building of Badarpur police station. The court was also apprised by Delhi police that disciplinary action has been initiated against the official responsible for the lapse and supervisory irregularities.
The court observed that the explanation by police for the untraced report not being filed on time “is only an eye wash and nothing more, to cover for the major lapses which have gone unexplained”.