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3. During the course of hearing of this bail application, the Ld. A.S.J. observed that there was delay of more than 3 years in the registration of the FIR and also observed that not only the police officers holding the enquiry/investigation in the complaint but their superiors officers who allowed the matter to be suppressed are responsible and culpably accountable for this delay. The Ld. A.S.J. further observed that the probe has been botched up which gives an impression that the accused persons enjoyed the patronage of police officers who in turn were shielded by their superiors, thereby forming a cartel. After observing this and relying on Lalita Kumari Vs. Govt. of U.P., Crl. MP No. 5029 of 2014 in WP (Crl.) No. 68 of 2008 and Kanwar Sain Gupta Vs. NCT of Delhi, Crl. MC No. 2621/2012 dated 21.07.2016 of the High Court of Delhi, issued the following directions :

14. The Ld. A.S.J. while dealing with the anticipatory bail application vide its order dated 30.07.2019 observed that the matter regarding fraudulent transfer of funds was reported to the police vide letter dated 18.09.2015 which was made by a Government hospital and supported by audit report, but the FIR was not registered till 30.01.2019. Since the FIR was not registered for more than 3 years, the Ld. Trial Court came to the conclusion that it was clear that the FIR was not registered for 3 years with a view to provide benefit to the accused persons. The Ld. Trial Court even went to the extent of observing in the order dated 30.07.2019 that not only the police officers holding the inquiry/investigation in the matter but their superior officers who allowed the matter to be suppressed are responsible and culpably accountable for this and the probe has been botched up giving an impression that the accused persons enjoyed the patronage of police officers who in turn were shielded by their superiors, thereby forming a cartel.

15. It is not understood as to on what basis and what was the material before the Ld. A.S.J. which persuaded him to pass such scathing remarks that the probe has been botched up and the police officers, their superiors and the accused have formed a cartel. Such remarks made by the Ld. A.S.J. are totally unwarranted and he should have refrained himself from making such remarks against the police force of the capital without there being anything on record to show that police officers and their superiors had any malafides.

17. The Ld. A.S.J., has prejudged the entire matter and in a sense has passed the judgment of guilt against the Delhi Police without affording them any opportunity to be heard. And it seems in his eagerness to condemn Delhi police, he forgot the cardinal principle of law "audi alteram partem"

which a judicial officer should never forget. The order dated 14.08.2019, notes that the Commissioner of Police has earmarked the complaint to the Deputy Commissioner of Police to investigate the role of his superiors. Now, I would pause here for a moment and would say as to how the superiors of the DCP have botched up the investigation or they have formed a cartel. It seems, since the FIR was delayed and the report was not filed on 14.08.2019, the Ld. A.S.J. came to the said conclusion. These observations are only a figment of imagination of the Ld. A.S.J. in the absence of any material on record in this regard. It is also pertinent to mention here that it is not for the Commissioner of Police to examine complaints himself. The complaints are marked to different police officers for appropriate action.