Delhi court upholds magistrate’s order refusing probe against NDMC officials

New Delhi, Jul 30 (PTI) A Delhi court has dismissed an appeal against a magistrate’s order refusing to issue summons and order an investigation into assault allegations against four New Delhi Municipal Council (NDMC) officials, including a chief engineer.

Additional sessions judge Saurabh Partap Singh Laler observed that in cases involving allegations against public servants in restricted government premises, courts had to exercise heightened scrutiny to shield them from vexatious litigation.

The court was hearing a revision petition by Vishal Parashar, a contractor, who alleged that he was assaulted, threatened, and wrongfully detained by four NDMC officials, including a chief engineer, an executive engineer and two security officials, in the civic body's Palika Kendra office on March 10, 2023.

Parashar then filed a plea in a magisterial court seeking a summons against the accused and an investigation, but it was dismissed in March this year on the grounds that the complaint was "unsubstantiated and potentially motivated by ongoing civil or contractual grievances with NDMC".

Against the magistrate’s order, Parashar filed the present appeal.

In an order dated July 23, the court said, "In cases involving allegations against public servants in restricted government premises, courts must exercise heightened scrutiny to shield officials from vexatious litigation arising from official duties." Flagging the issue of Parashar not providing a valid proof of entry and lack of permission to meet the chief engineer, it trashed his claim that no pass was demanded from him ever since he started visiting the office in 2017.

"The magistrate's reasoning is precise and justified, reinforcing that such unsubstantiated claims cannot form the basis for criminal prosecution," the court said.

It said that the magistrate had correctly discerned that the petitioner's grievances stemmed from protracted civil disputes involving contractual payments, RTI appeals, and claims against NDMC.

The court said the alleged incident arose during an unsolicited visit to discuss these matters, indicating an ulterior motive to leverage criminal proceedings as a tool to coerce the release of approximately Rs 15 lakh in pending dues.

The court further noted that the magistrate had also correctly flagged other issues, such as the absence of independent public witnesses and the lack of corroboration of the allegations.

It said, "The magistrate appropriately underscored that the issuance of summons under Section 204 of Code of Criminal Procedure demands judicial satisfaction of sufficient grounds, rather than a mechanical exercise." "The order's comprehensive analysis— encompassing vague allegations, evidentiary deficits, and the underlying civil motives— reflects a diligent application of this standard, ensuring that criminal proceedings are not initiated frivolously," the court added.

Dismissing the appeal, it said there was no impropriety in the magistrate’s order. PTI MNR MNR KVK KVK