Delhi Court Emphasizes Judicial Independence in Fraud Case

Judicial Independence Affirmed
A court in Delhi has asserted that it cannot function merely as an agent or mouthpiece for the police, emphasizing the need for independent judgment.
This statement was made while dismissing allegations of fraud and criminal conspiracy against a real estate firm.
The ruling was delivered by Additional Sessions Judge Vishal Singh, who was hearing a petition from Krish Realtech Private Limited challenging an order issued by a magistrate on May 6.
The magistrate's order had allowed the Delhi police to file charges against the company under various sections of the Indian Penal Code, including Section 420 (fraud), Section 120B (criminal conspiracy), and Section 409 (criminal breach of trust by a public servant, banker, merchant, or agent).
The judge remarked that the court is not a mere agent of the police and has a serious obligation to evaluate the charges independently, without adopting the views of the investigating officer. If the evidence collected during the investigation does not suggest that the accused committed the crime, the court should refrain from taking cognizance of such cases.