GENERAL OVERVIEW
*Late filing of chargesheets, even though the investigation was completed on time- shakes the confidence of an ordinary citizen in the justice delivery system, the Court observed.
*'Non filing of charge sheets, despite being forwarded by a senior officer amounted to undermining the hierarchy and discipline of service,” opined the Court.
*The Court directs the ACPs to create a mechanism, under the guidance of the worthy concerned DCP, to ensure all charge sheets that are signed or forwarded by them- are submitted with the Court.
*Delhi High Court asks ACPs to submit a list of all forwarded charge sheets that were signed or forwarded by them within the last three years, to know the filing status of the same.
FURTHER DETAILS
*The Delhi High Court heavily criticised the negligent conduct of Investigation Officers (IOs) for late/non filing of charge sheets on time, even after the timely completion of the investigation.
*Following this, the Court sought the filing status of chargesheets forwarded within the last three years, 2018-2020, from the concerned investigation officers (IOs).
*Furthermore, the Court observed that the late/non filing of charge sheets despite the completion of the investigation 'shakes the confidence of an ordinary citizen in the justice delivery system.”
*Another issue that the Court brought up was the time limit of an investigation. It observed that the IOs have to understand and know that investigations of summons cases must be wrapped up within six (6) months, from the date of the arrest of the accused, after which, or on failure of completion of investigation within the time frame, the Magistrate can stop further investigation of the offence. The Court directs the concerned DCP to remind this provision to the concerned Investigation Officers (IOs).
CURRENT SCENARIO
*The Court states that there must be a fixed time period for filing charge sheets, and all investigation officers must comply with it, and added that such a time period shouldn't exceed thirty days after forwarding of the charge sheet by any senior officer.
*The Court asks concerned ACPs to come up with a new mechanism that will make sure that the IOs will file the charge sheet within the specified time period.
*The Court directs the concerned "worthy DCP" to remind Investigation Officers of the provision, regarding the time limit of an investigation. The Court stated that IO(s) often exceed the general time of six months in the investigation of the offence, unaware of the provision.
*Any investigation of all summons cases must be wrapped up within six months, from the date of arrest of the accused, failure of which can result in an order from the Magistrate to stop all further investigation of the offence.
WHAT ARE YOUR THOUGHTS ON THIS ATTEMPT TO RECOVER THE CITIZEN'S CONFIDENCE IN THE JUSTICE DELIVERY SYSTEM OF THE COUNTRY? LET US KNOW YOUR THOUGHTS IN THE COMMENTS BELOW!
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