NEW DELHI: A Delhi Court on Monday issued notice through the Ministry of Home Affairs (MHA) to a retired ACP of Delhi who has settled in the USA. Notice has been issued in a ten-year-old case. The retired ACP was the first IO of a case lodged at Police Station Sarai Rohilla.
The case was registered under the Information Technology Act in October 2014. After a period of eight years, Delhi police had filed the untrace report in 2023.
Metropolitan Magistrate (MM) Manuj Kaushal of Tis Hazari court issued notice to Anil Dureja through MHA for the next date of hearing (NDOH).
“Issue notice to Inspector Anil Dureja through MHA for NDOH,” MM Kaushal ordered.
The court said that the present matter is pending at the stage of consideration on the application of complainant for registration of FIR under Section 379/217/218 IPC.
An application was filed by the complainant regarding theft of his case property which was given to Dureja.
The Next date of hearing is May 28, 2024.
On August 5, 2023, the court was informed that a notice was issued to Inspector Anil Dureja with the report that he has retired and is currently residing in the USA.
In January 2023, the court directed all investigation officers (IO) to appear in person.
The counsel for the complainant submitted that URLs, mobile phones, laptops, and pen drives were given to the IO; however, the same has not been made a part of the untraced report.
The court was also informed that there are 8 IOs, out of which four are ACPs and four are Inspectors of Delhi Police.
The matter is related to threat calls and abuse.
Earlier, the court had issued all IOs through the Deputy Commissioner of Police (DCP).
The court had said, “In view of the submissions made, all the IOs are directed to appear in person. Notice to all the IOs through the concerned DCP for NDOH.”
Advocate Rishabh Jain, Counsel for complainant, submitted that he supplied the entire details of the calls received by complainant as well as as the URLs, mobile phone, laptop, and pen drive to IO/Inspector Anil Dureja; however, the same has not been made a part of the untrace report.
The matter is related to the complaint filed by Vineet Mittal, who alleged that unknown persons around a hundred in number called his mobile number and started abusing him.
It was alleged that when the complainant opposed such an act, those persons gave threats to the life of the complainant. The written complaint was given at the police station in Sarai Rohilla, Delhi, in the month of October 2014.
A copy of the complaint was also given to the office of DCP, North District, Delhi.
On the complaint, an FIR under sections 67 IT Act and 506 Indian Penal Code (IPC) was registered. The SHO, Insp Anil Dureja, was the first IO of the said FIR.
It is alleged that the investigation was not conducted as per the norms specified in law. Thereafter, the complainant filed an application in Tis Hazari Court, Delhi, for monitoring of the investigation as per the judgement of Sakiri Basu v State of Uttar Pradesh.
The said complaint was also given in the office of DCP, after which the investigation was transferred to the District Investigation Unit (DIU), North District.
The counsel of the complainant had submitted before the court that the untrace report has been filed without the seizure memo and details of the electronic devices that were used by the complainant at the time of the offence, like mobile phones, laptops, pendrives, URLs, and other relevant evidence, which are not part of the untrace report.
The initial IO had not complied with his public duties, and the complainant had faced torture from the hands of the hundreds of accused persons who gave threats and posted pornography on social media and WhatsApp, the counsel alleged. (ANI)
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