‘Why is there delay in filing chargesheets?’

A metropolitan court has ordered a departmental inquiry against the SHO of Mongolpuri Police Station and a head constable for inordinate delay in filing a chargesheet and subsequently offering lame excuses.

Taking the policemen to task, Metropolitan Magistrate Sanatan Prasad expressed his concern over “this growing tendency in the police force, which has been benefiting the persons”.

“It is a matter of concern that under such circumstances, the courts are compelled to refuse condonation of delay in filing the chargesheet with the result that accused go scot-free without trial, jeopardising the interest of the state,” the Magistrate said.

Despite similar situations in the past, the police are not paying heed to their laxity and the deficiencies are on, noted the magistrate, adding the issue required immediate “remedial measures” by senior officers.

The court’s remarks came after head constable Virender Singh, the IO in the case, moved an application seeking condonation of delay in filing the chargesheet along with the request to take cognisance of the charges against the accused.

The applications cited a number of grounds justifying the delay but the court found the averment contrary to the facts on record.

While transfer of the IO was put forth as a ground, the Magistrate noted the officer himself had admitted that he was posted with the Mongolpuri Police Station for over two years, thus belying the contention in the application.

Certain other arguments are also baseless, “thrown up only to justify the delay of 37 days”, the court said.

While it took cognisance of the chargesheet in the interest of justice, the court noted the “glaring inconsistencies and flimsy grounds of the policemen”.

“There is a lack of proper diligence in preparation of the chargesheet and proper supervision on the part of the SHO and even factual inconsistencies are being made in moving an application for condonation of delay,” the magistrate said.