When the chargesheet was presented before the Magistrate for taking cognizance, the victim also approached the court with a plea to summon the third student (applicant), which the magistrate allowed.
While doing so, the magistrate remarked that the investigating officer had favoured and left out the applicant in a “very biased and unprofessional manner.”
“Despite the existence of well founded accusations against him and disclosure of his name in FIR, statements of witnesses and suspension order issued by Principal of college, IO has dropped Sawant at the time of filing of charge-sheet for the reasons best known to her. This act of the Investigating Officer is very serious and unacceptable. Being Investigating officer, she has voluntarily acted in favour of accused and committed deliberate dereliction of duty with intention to drop the accused prejudicial to the case of prosecution,” the magistrate held.
Source: Barandbench
