Investigating officer must remain present in court when case taken up: HC tells Delhi police

The Delhi High Court has asked the city police commissioner to take steps to ensure that officers who have carried out the investigation are present in court whenever a related case is taken up for hearing. Justice Rajnish Bhatnagar passed the order after a police officer present for the hearing of a petition for quashing of an FIR failed to answer the queries.

The court voiced anguish over what it said has become a "routine, invariable practice" that substitute officers not well- versed with facts appear in cases while the main officers remain absent.

"Let the matter be brought to the notice of the Commissioner of Police, who shall immediately take action and ensure that IOs (investigating officers) who investigated the case be present in Court when the case pertaining to the particular police station is taken up for hearing.


"This has become routine invariable practice that the main Investigating Officers who have investigated the case are not appearing and substitute officials are appearing on their behalf and they are not versed with the facts of the cases," said the court in a recent order.

In the present case, the petitioner sought quashing of an FIR for alleged cruelty by his estranged wife on the basis of a settlement.

The court disposed of the petition and quashed the FIR in view of the settlement, saying no useful purpose would be served by keeping the case pending.