New Delhi, Jan 23 (PTI) A Delhi court has stayed the execution of a magistrate’s order directing registration of an FIR against police officers over allegations of illegal detention and custodial assault after the station house officer (SHO) of Adarsh Nagar police station challenged the direction in revision.
Additional Sessions Judge Vandana on Thursday stayed the operation of the January 14 order passed by a judicial magistrate, which had asked the SHO concerned to register an FIR on a complaint by a widow alleging illegal detention and grievous injuries to her son by Special Staff officials.
The sessions court passed the stay on January 21 after hearing submissions from counsel for the revisionist SHO, observing that the execution of the impugned order would remain stayed till the next date of hearing. The court also issued notice to the respondents and summoned the trial court record, listing the matter for March 11.
Earlier, on January 14, Judicial Magistrate Garima Jindal had allowed an application filed under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), holding that a prima facie cognisable offence was made out and directing the SHO to register an FIR and conduct a fair investigation.
The magistrate’s order was based on allegations that the complainant’s son was illegally picked up by Special Staff officials in November 2024, detained for nearly two days, assaulted and released only after he suffered a fracture. The complainant had alleged that police officers demanded illegal gratification for his release and that local police refused to entertain her complaint.
While the police, in their status report, denied allegations of illegal detention and assault, the magistrate noted that they were duty-bound to register an FIR when cognisable offences were disclosed and directed compliance within seven days.
SHO Love Atrey and Constable Ankush subsequently moved the sessions court challenging the order with two separate revision pleas, leading to the stay granted on Thursday. PTI MDB KSS KSS
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