Delhi Riots Case- Delhi Police Non Mainatainace of File under Sec. 172 Crpc.

A court was angry on 25-03-2021 over non-maintenance of files by Delhi Police in a case relating to the alleged burning and desecration of the Madina Masjid during the north-east Delhi riots in February last year. Additional Sessions Judge Vinod Yadav said the case diaries have not been maintained as per section 172 (diary of proceedings in the investigation) of the Criminal Code of Procedure (CrPC).

According to section 172 CrPC, every police officer conducting an investigation should day by day enter his proceedings in the investigation in a diary, with the time at which the information reached him, the time at which he began and closed his probe, the place or places visited by him, and a statement of the circumstances ascertained through it.

“The case diaries have not been maintained in terms of section 172 CrPC. The bound volume, as mandated by CrPC, has not been maintained. The statements of witnesses have probably been recorded after March 17, 2021, i.e. the last date of hearing.”

“As the statements appear to have been recorded on computer and are digital documents, but the same bear physical signatures of the IO rather than the digital signatures because of which it is not possible to ascertain as to whether the same were recorded on the date mentioned against the signatures of IO,” SC order.

“It is really strange that the complaint with regard to burning of house of respondent no 1 (Ali) was clubbed with the complaint of one Naresh Chand, being case FIR No 72/2020, PS Karawal Nagar and later on the respondent no 1 was arrested in the same matter, meaning thereby that he is not only complainant in the matter, but also an accused, which is an apparent absurdity,” the court had said.

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