A court cannot act as an agent or mouthpiece of police and must independently apply its mind, a Delhi court has said as it set aside an order taking cognisance of charges of criminal conspiracy and cheating against a realtor.
Additional Sessions Judge Vishal Singh was hearing a revision plea of Krrish Realtech Pvt Ltd against the May 6 order of a magistrate taking cognisance of Delhi Police’s chargesheet against it under Sections 420 (cheating), 120 B (criminal conspiracy) and 409 (criminal breach of trust by a public servant, banker, merchant, or agent) of IPC.
“The court cannot act as an agent or mouthpiece of police, and it is under solemn obligation to independently apply its mind to the chargesheet, without borrowing the opinion of the IO. The cognisance of an offence can and should be declined if, on perusal of material collected during investigation, the offence does not appear to have been committed by the accused,” the judge said. PTI
