New Delhi: A sessions court here has set aside a magisterial court's order framing charges against an accused for negligence and pulled up the Delhi Police for a "faulty investigation" and a "supervisory lapse". The court was hearing a revision petition filed by Vipin Goel, against whom the magisterial court had framed charges for allegedly keeping a huge quantity of combustible goods, without any fire extinguishers, in a godown at Udyog Nagar in Peeragarhi, which resulted in a fire on December 14, 2019.
"The investigation conducted by the investigating officer in the present case is apparently faulty and the station house officer concerned as well as the assistant commissioner of police concerned...have failed to discharge their supervisory duties while forwarding the chargesheet to the court of the metropolitan magistrate for trial," Additional Sessions Judge Manish Khurana said in the order passed recently.
The judge further said "considering the abovesaid facts and circumstances, the impugned order dated March 30, 2022...is hereby set aside and the metropolitan magistrate may look into the aspect of further investigation...." "Copy of this order be also sent to the commissioner of police for appropriate action against the concerned SHO and ACP for the supervisory lapse on their part," the judge added.
The court said Goel was charged with being negligent with respect to fire or combustible material and also for his rash and negligent act endangering human lives, but the chargesheet was silent on the accused's alleged negligent conduct and the cause of the fire. "The mere fact of the non-availability of fire extinguishers, which are supposed to be used after the occurrence of fire, does not connect the negligent act of the accused and the cause due to which the fire occurred in the premises," the court said.
It also said none of the witnesses examined by the investigating officer disclosed the cause of the fire and there was no evidence to show that combustible material was stored on the premises. The court also noted that Goel was charged on the basis of the statement of Krishan Kumar, who was the owner of the property, and no other material or evidence relevant to the chargesheet was pointed out by the prosecution.
Also, the investigating officer "did not bother" to collect the copy of the rent agreement, nor did he gather any evidence to show that Goel was doing hardware business from the said property, the court said. The Paschim Vihar police station had registered the FIR against Goel under the relevant sections of the Indian Penal Code. (PTI)
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