Delhi HC pulls up IO over defective notice, grants interim relief to woman

New Delhi, May 5 The Delhi High Court has granted interim protection from arrest to a woman and her relative who alleged harassment by local police in connection with a matrimonial dispute, while expressing shock at the manner in which the Investigating Officer (IO) issued a notice to join the probe.

Recording the IO’s statement that he did not intend to arrest them, a single-judge Bench of Justice Girish Kathpalia directed that the petitioners shall not be arrested till the next date of hearing.

The Delhi High Court was hearing a writ petition filed by Sonia Bansal and her sister’s brother-in-law, who sought protection of their life and liberty from the police of Alipur Police Station.

The petitioners contended that Sonia Bansal was embroiled in matrimonial litigation with her husband and alleged that he was using his influence to harass them through the police machinery.

According to the plea, an FIR was registered at PS Alipur on the complaint of the husband, and despite the alleged offences being bailable, the IO was neither accepting bail bonds nor refraining from harassment.

Additional Standing Counsel Sanjeev Bhandari, on instructions from IO/Head Constable Anil, submitted that the first petitioner had already been called to join investigation and clarified that “he does not want to arrest either of the petitioners”.

Recording the statement, the Delhi High Court granted interim protection but flagged serious irregularities in the conduct of the investigation.

“It is shocking to note that the said notice, which mentions even time of appearance before the IO, does not disclose the date when petitioner no. 1 has to report before the IO. Rather the relevant space in the notice has been left blank,” Justice Kathpalia observed.

The judge further cautioned that such a lapse raises concerns that “at some subsequent stage, the IO would have taken a stand that despite service of notice, petitioner no. 1 did not join investigation”.

Taking note of the deficiency, the Delhi High Court directed that a copy of the order be sent to the concerned Deputy Commissioner of Police (DCP) to take appropriate action and submit a report. The matter has been listed for further hearing on July 20.

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