New Delhi: A man, accused of making hoax calls in 2012 about killing the then Chief Minister Sheila Dikshit, has been let off by a sessions court here, which said Delhi Police did not follow mandatory requirements in the investigation.
Additional Sessions Judge (ASJ) Lokesh Kumar Sharma upheld the order of Metropolitan Magistrate acquitting Delhi resident Ravinder Kumar Tiwari of the charge of giving false statements rumours etc. circulated with intent to cause offence against public peace under the IPC.
The court noted the offence committed by Tiwari was noncognizable in nature and hence it could not have been probed at all without prior permission of the concerned magistrate.
"I am of the considered opinion that investigation was carried out by the investigating agency for the offence...in a hasty and vague manner as the accused, who was stated to be an insane person, was not even knowing about the nature and consequences of his actions...," the judge said.
The court also noted, "It was incumbent for Investigating Officer(IO) to have approached the concerned magistrate and obtain an order to proceed further with the investigation in this case, and since the mandatory requirement was not adhered to, hence, respondent (Tiwari) deserved to be discharged."
The court's order came on an appeal filed by prosecution saying it was a direct threat of killing Dikshit made by Tiwari with an intention to cause alarm in the minds of public as well as in the minds of concerned police authorities related to her security.
According to the prosecution, Tiwari was booked for making hoax calls from his mobile phone in 2012, threatening that a bomb had been planted in Dikshit's house, who was the then Chief Minister.
The magisterial court, however, had acquitted Tiwari after holding that since no direct threat was made by the accused Dikshit, the facts did not constitute any offence committed by him as alleged by the prosecution.
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