Drunk cops rams PCR van into Woman’s Scooty; Delhi High Court directs DCP to investigate into the case

Justice Purushaindra Kumar Kaurav of the Delhi High Court on Monday ordered the investigation to be conducted by the Deputy Commissioner of Police, Delhi into the incident where allegedly drunk cops rammed a 112-PCR vehicle into a woman’s scooty in the Uttam Nagar area.

The High Court further sought a status report from the Delhi Police on the same. Moreover, the court noted that the Deputy Commissioner of Delhi Police (DCP) may consider suspending the officers who were driving the vehicle as well as those who were accompanying it.

While holding that prima facie it was visible that the culprits were trying to influence the victims, the Court said that there was no justification for the delay in filing the FIR and such a delay would shake society's conscience. The court observed thus in light of the fact the FIR had not been lodged even after the order of the Metropolitan Magistrate and the petitioner had to move the High Court for the same. Whereas, the FIR was lodged after the victims moved to the High Court by way of a writ.

The orders were issued in a petition filed by a woman, Geeta Chauhan, seeking a direction to file an FIR against the allegedly drunk cops who rammed a PCR van into her scooty. Despite the issuance of directions by the Metropolitan Magistrate (MM), the woman had to move the High Court as the police had refused to register an FIR and preserve the CCTV and other material evidence, which could result in the loss of all shreds of evidence.

The matter has been listed on November 21, 2022, for further hearing.

Advocate Mohit Rana appearing for the petitioner women informed the court that the investigating officer (IO) has been made the complainant in the matter, and no statement has been taken from the petitioner. He sought directions that the matter be monitored by the Magistrate.

It is alleged that the woman and her mother were returning home at around 2:00 AM from their relative's home after celebrating a birthday party on a scooty when a Police PCR, coming at a high speed, hit them and carried them to the other side of the road.

On an earlier date of hearing, Advocate Mohit Rana appearing for the petitioners submitted that after waiting for around 30 minutes, they were taken to the Mata Channa Devi Private Hospital Janakpuri, and following a wrong line of treatment, the doctors affixed permanent plasters upon the legs of both the victims and referred them for surgery without even treating the victims any further, Adv. Rana submitted.

He submitted that it was apt to state that the applicants were deliberately not taken to the government hospital so that private doctors & staff could be influenced by the police.

He also submitted that both the victims suffered serious fractures in their legs. Additionally, the police officers offered Rs. 30,000 to 35,000 to the victims to settle the matter, he further stated.

It was stated in the plea that after the petitioners were discharged, and taken to the home, their relatives were called to visit the police station where they were taken to a room and threatened to not lodge any complaint regarding the incident. Allegedly, the police officials said: “Acha ab tum Police walo ke Upar bhi Case karoge. Police ka Kuch Nahi Bigadta ese cases me, Turn apna Dekh lo (So, now you will also file a case against Police officials, there is nothing you will be able to do to the Police officials, See for yourself)”

On September 9, Metropolitan Magistrate (MM) Deeksha Sethi of Delhi’s Dwarka Court directed the Delhi Police to file an FIR against the accused Police Officers.

The Magistrate had directed the Station House Officer to appoint a new Investigating Officer (IO) as the IO earlier appointed had been allegedly involved in tampering with evidence.

MM Sethi had noted that despite having given a complaint to the SHO as well as to the DCP concerned, no complaints had been registered against the erring police officials.

"Considering the fact that the allegations leveled in the complaint are serious in nature and further considering the gravity, sensitivity, and the nature of the offence and allegations leveled against the offenders, this court is of the opinion that custodial interrogation in the matter might be required and the help of the police officials may be required for the collection of evidence as certain CCTV footage need to be recovered and preserved, offending vehicles need to be seized among other parts of the investigation," the court had added.

In view of the above, the court had directed the concerned SHO to register the FIR under the relevant sections and the investigation to be conducted under the supervision of the SHO.

Court had further directed the SHO to file a status report before the next date of hearing.

Furthermore, the preservation of the PCR Vehicle, CCTV footage, and Scooty had also been ordered by the court.

Case Title: Geeta Chauhan & Anr v. State NCT of Delhi & Ors.