The Delhi High Court has recently said that the courts are neither silent spectators nor loudspeakers who keep repeating the things written in the charge sheet. The court said that the court cannot repeat the things written in the police charge sheet in any case by becoming a loudspeaker. Justice Neena Bansal Krishna made this comment while acquitting two brothers on the charge of attempted murder. One of these brothers was also acquitted of being convicted under section 27 of the Arms Act. This case is of 2017.
According to a report by Live Law, the court accepted the plea of ​​the two brothers challenging the trial court’s order framing charges against them. While doing so, the court said that the case was investigated by three investigating officers, but the three investigating officers could not succeed in identifying the assailants who allegedly shot the complainant and other persons.
The High Court questioned the investigation by the Delhi Police and asked why the alleged attackers were known to the complainants when they were not named in the first complaint, which was filed two years ago. Justice Krishna said, “Despite the fact that the attackers were known to the complainant and the injured person for the last 14 years, there was inordinate delay in filing the complaint, a circumstance which clearly points towards the false allegation of the petitioners.”
The court said that the police has no explanation for registering the names of the two petitioners so late, except that it was registered later with malicious intent and in a wrong manner. It said that the investigating officer never investigated to recover bullet shells from the spot, which could have provided important clues in the investigation.
The court, while accepting the petition, said that in such cases, where false allegations have been clearly made, the petitioners were also forced to go through the entire trial, which is actually a mockery of justice. The courts cannot become silent spectators or loudspeakers who accept and repeat whatever is presented before them in the charge sheet.