NEW DELHI: A Delhi court has issued a stay on the order of April 8, 2025, issued by the Ld. Additional Chief Judicial Magistrate (ACJM-01), which had previously ordered the registration of an FIR against Inspector Sumit Kumar of IGI Airport Police Station in a case of alleged custodial brutality.
The stay order is issued considering Insp. Sumit Kumar’s argument that the original judicial ruling was done purely on the basis of oral arguments of the accused without appropriate inquiry or report from the medical board. The court noted:
In these facts, the view held by the Ld. ACJM-01 on the accused’s oral arguments without any inquiry at all is not warranted. The order dated 08.04.2025 passed by the Ld. ACJM-01 is stayed until NDOH (Next Date of Hearing).
This sojourn provides respite to Insp. Sumit Kumar, who has claimed to have followed proper procedure while arresting and questioning Nishit Kumar Rajendrabhai Patel, a suspect in a high-profile case of international passport forgery.
Patel, who is accused of being a member of a criminal gang engaged in producing false identities for illicit travel to the UK and Nepal, had complained of physical assault in custody. The ACJM had earlier acted on these allegations and had directed the registration of FIR against the investigating officer and a doctor at Indira Gandhi Hospital, who allegedly did not report the injuries.
But Insp. Sumit Kumar, in his individual capacity, filed an elaborate revision for a stay with the plea that procedural justice needs to be done before these grievous charges lead to criminal action against him discharging his legitimate functions. On the next hearing date, both sides will present additional arguments
and evidence.