The deputy commissioner has been fined Rs 1,000 by a city court for compelling an individual to undergo court proceedings and obtain bail without proper intent or prosecution sanction. If the fine is not deposited within 30 days, it will be deducted from the deputy commissioner’s salary, as ruled by the court. The case stemmed from a FIR filed against a guesthouse in August 2023 for not disclosing guest information, following an order issued by the deputy commissioner on July 25 the previous year, mandating such disclosures under Section 144 of CrPC in anticipation of Independence Day. The FIR was lodged on August 8 under Section 188 (disobedience to order duly promulgated by public servant) of the IPC at Sector 40 police station for alleged violation of the order.
Police filed a chargesheet in the case and a warrant of arrest was issued against Shagun, owner of the guesthouse. Shagun appeared before the court assisted by counsel Sahil Saini and requested the court to revoke the arrest warrant. Judicial magistrate first class Vikrant, in a January 6 order, observed that when the file was taken up for consideration on the issue of framing charges, it was noticed that no complaint under Section 195 of the CrPC, which is mandatory in such cases, was filed along with the chargesheet.
The court also sent the investigation officer (IO) to get the required complaint from the DC. During a hearing, the court was informed that IO visited the DC’s office, but he told the police officer that no such complaint was required. “The FIR was registered because it was cognizable. However, a separate complaint under Section 195(1)(a)(i) is inevitable for the purpose of taking cognizance and putting the accused to trial. The district magistrate (DC) was duty bound to make a complaint… His refusal to make the complaint is in violation of the law,” the court observed
Discharging Shagun, the court imposed a Rs 1,000 fine on the DC for “unnecessarily” making the guesthouse owner undergo court proceedings and seek bail without there being any intention to prosecute him. The DC couldn’t be reached for a comment.
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