New Delhi, Aug 18 (PTI) A city court has refused to direct Delhi Police to lodge an FIR against a woman, accused of causing burn injuries to her husband after setting their room ablaze, saying no special investigation was needed.Also Read - Delhi Police Recruitment 2021: Apply For Junior Engineer, Accounts Officer Posts Before THIS Date
The court said that as the evidence in this case was in the possession of the concerned parties, no special probe was required to collect any evidence by lodging an FIR. Also Read - Breaking News Highlights: 4 NDRF Teams Deployed in Tamil Nadu as IMD Issues Alert of Cyclonic Circulation
Referring to a Delhi High Court observation, Additional Sessions judge Lokesh Kumar Sharma said that in such cases, court should refrain itself from issuing frequent directions for registration of FIR in a mechanical manner. Also Read - 'Will Turn Govt Offices Into Galla Mandi', Tikait's Warning To Govt Over 'Forcible Removal' of Farmers From Protest Sites
“I have no hesitation in holding that law in this regard is well settled by the High Court of Delhi … that when a cognisable offence is made out but parties are in power and possession of the entire evidence and no special investigation is required to be conducted to collect any evidence, then the Court should refrain itself from issuing frequent directions for registration of the FIR in a mechanical manner,” the judge said.
The sessions court’s order came on a petition filed by a man against a magisterial court order refusing to direct the lodging of an FIR against his wife for allegedly causing burn injuries to him after setting their room on fire.
The court, while upholding the magistrate’s order, said the entire evidence was within the power and possession of the man.
“Hence, the facts and circumstances do not call for any special investigation by the police after lodging of FIR for collection of evidence. Even the alleged incident itself has become almost two years old now, so the chances of collection of any evidence thereof are very bleak,” it said.
In his plea, the man had said that the magisterial court had failed to consider that the police did not take any action on his complaint against his wife, despite a medical report supporting his claim.
He had claimed that he had a quarrel with his wife on November 3, 2011 at their residence after which she set the room on fire, adding that he suffered burn injuries while trying to extinguish the blaze.
His wife had denied the allegations and the assertions of the man, a resident of Railways Officers Enclave in south Delhi.
This is published unedited from the PTI feed.