New Delhi, Nov 26 (PTI) The Delhi High Court Friday stayed a trial court order directing action against two Delhi police officials for filing distinct charge sheets in a POCSO case.

Justice Anu Malhotra issued notice on the petition by the two officials -- station head officer (SHO) of the police station concerned and investigating officer (IO)-- and sought a status report from the state.

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“The matter is directed to be re-notified on December 9 till which the operation of the order dated November 24, 2021, is stayed," the judge stated.

On November 24, the trial court directed appropriate legal action against the two officials for prima facie commission of offences related to public servants, false evidence, and other offences under the Indian Penal Code, saying that “fraud has been played on the court” after it was found that there were two charge sheets in the case.

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The petitioners argued that the trial court could not have passed the directions or passed unwanted and castigating remarks while deciding a bail application in the case.

Since a trial court has no inherent power to pass blanket directions as it is not akin to the constitutional courts, the order directing initiation of action was passed erroneously, it stated.

The petition claimed that the existence of two charge sheets was a “genuine mistake” but the trial court considered it as fraud and perjury.

“The confusion of the charge sheet and amended charge sheet, led to a situation, wherein the Court file had the amended charge sheet, the accused also had the amended charge sheet, the Public prosecutor had both the charge sheet and the amended charge sheet in the police file and the Complainant had the charge sheet. It is submitted the Petitioners conducted a fair investigation and there was no malafide on the part of the Petitioners,” the petition said.

It also argued that the trial court encroached upon the administrative functions of the police administration as it passed the order under challenge despite an inquiry finding that the existence of two charge sheets was without any malafide intention.

Before directing initiation of action under the criminal law, the trial court on November 8 had said that the conduct of the police officials was “perfidious”, “reprehensible” and amounted to interference with the justice dispensation process.

In its order passed on November 24, Additional Sessions Judge Gaurav Rao had said that the police investigation was a sham and no explanation was provided as to how two charge sheets having distinct facts were signed on the same day.

The FIR is the case alleged that in February, the accused took the prosecutrix, a minor, to some house in JJ Colony and kept her there for 6 days, and committed rape upon her.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)