- विज्ञापन -
New Delhi: Sessions court in Rohini overturned a magistrate’s order directing the police to file a First Information Report (FIR) against a serving judge, Ajay Goel, and a businessman for alleged extortion and a false theft insurance claim. The sessions court referenced a Supreme Court ruling stating that magistrates must exercise judicial discretion when considering police investigation requests, rather than simply forwarding them.
The original magistrate’s order, issued in May 2024, had instructed the police to register the FIR, but both the judge and the businessman contested this decision. Additional Sessions Judge (ASJ) Jagmohan Singh emphasized that permission from the Chief Justice of the High Court is required before filing an FIR against a judicial officer, and this procedure was not followed in this case.
ASJ Singh ultimately set aside the magistrate’s order on February 12, granting the revision petitions. The court also noted that the complainants are allowed to present pre-summoning evidence before the trial court. In the original May 21, 2024, order, the Metropolitan Magistrate observed that proper investigation was necessary, particularly by verifying relevant telephone conversations through forensic analysis, which was beyond the complainant’s capability. Therefore, the magistrate approved applications under Section 156(3) of the Criminal Procedure Code (CrPC) to facilitate the investigation.
