A court here today dimissed Aam Aadmi Party (AAP) leader Somnath Bharti's plea seeking lodging of an FIR against unnamed police personnel for implicating him in a molestation case and a defamation case filed by his counsel against a magistrate.
Rejecting Bharti's plea, Additional Chief Metropolitan Magistrate (ACMM) Tarun Yogesh said that "without sanction of central or state government, no cognizance of offence can be taken against alleged erring police officials."
"In the present facts and circumstances filing of charge sheet by the investigating agency, any allegation of unfair or biased investigation cannot be separated from the discharge of official duty by IO. Therefore, protection of public servants under section 197 of IPC would come into play," the court said.
"Therefore, in the absence of any averment regarding framing of incorrect record with intent to save a person from punishment, mere allegations about filing of charge sheet by the investigating agency upon false allegations is not sufficient for directing registration of an FIR against erring police officials and other unknown persons. Application under 156 (3) of CrPC is hence dismissed," the ACMM said in his 10- page order.
The court also dismissed the criminal defamation case filed by Bharti's counsel Deepak Khosla against the magistrate saying the "protection of judges and public servants as contemplated under section 197 CrPC comes into play."
"Recording of proceedings of her court-room in daily order-sheet by presiding officer was conducted while acting in the discharge of her official duty.
"Protection of Judges and Public Servants as contemplated under section 197 CrPC hence comes into play and as such cognizance of alleged offence under section 499, 500 (defamation) of IPC cannot be taken without prior sanbcton of state or central government," the ACMM said.
On November 7, the court had reserved its order on the pleas moved by Bharti for registration of FIR against the police officials and his counsel's defamation case against the magistrate Niti Phutela.