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Delhi courts orders framing of charges against two accused in 2020 Delhi riots

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Published : Aug 20, 2022, 7:21 PM IST

A Delhi court has ordered framing of charges against two accused for various offences under the IPC in a case related to 2020 northeast Delhi riots, saying there was a "prima facie" case against them.

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New Delhi: A court here has ordered framing of charges against two accused for various offences under the IPC in a case related to 2020 northeast Delhi riots, saying there was a "prima facie" case against them. The court passed the order after hearing arguments on point of charge against Abid Ali and Sheru in a stone pelting incident by a mob on February 23, 2020 in Bhajanpura area that resulted in grievous injuries to a police officer, the prosecution said.

"On the basis of allegations and statement made by complainant and witness... I do find prima facie disclosure of case for the offences... against the accused person," Additional Sessions Judge Pulastya Pramachala said in the order dated August 17. The court, however, denied the prosecution's plea to frame charges against the accused under Section 201 (causing disappearance of evidence of commission of the offence) of the IPC. The court said the "given reasons" were not sufficient to "satisfy the ingredients of Section 201 of the IPC".

"Giving wrong information of mobile number, if being used by accused to the Investigating Officer (IO), does not fall in this category (Section 201 of IPC)," it said. The accused persons are liable to be tried for the offences under Sections 147 (rioting) 148 (rioting, armed with a deadly weapon) 353 (assault or criminal force to deter public servant from discharge of his duty) and 333 (voluntarily causing grievous hurt to deter public servant from his duty ) read with Section 149 ( every member of unlawful assembly guilty of offence committed in prosecution of common object) of the IPC, the court said.

The court then posted the matter for formally framing of charges on August 27. Earlier, a magisterial court had transferred the case to the sessions court after noting that Section 333 of the IPC was exclusively triable by the court of sessions. Bhajanpura police station had registered an FIR against the accused on the basis of the statement of the injured police officer. (PTI)

New Delhi: A court here has ordered framing of charges against two accused for various offences under the IPC in a case related to 2020 northeast Delhi riots, saying there was a "prima facie" case against them. The court passed the order after hearing arguments on point of charge against Abid Ali and Sheru in a stone pelting incident by a mob on February 23, 2020 in Bhajanpura area that resulted in grievous injuries to a police officer, the prosecution said.

"On the basis of allegations and statement made by complainant and witness... I do find prima facie disclosure of case for the offences... against the accused person," Additional Sessions Judge Pulastya Pramachala said in the order dated August 17. The court, however, denied the prosecution's plea to frame charges against the accused under Section 201 (causing disappearance of evidence of commission of the offence) of the IPC. The court said the "given reasons" were not sufficient to "satisfy the ingredients of Section 201 of the IPC".

"Giving wrong information of mobile number, if being used by accused to the Investigating Officer (IO), does not fall in this category (Section 201 of IPC)," it said. The accused persons are liable to be tried for the offences under Sections 147 (rioting) 148 (rioting, armed with a deadly weapon) 353 (assault or criminal force to deter public servant from discharge of his duty) and 333 (voluntarily causing grievous hurt to deter public servant from his duty ) read with Section 149 ( every member of unlawful assembly guilty of offence committed in prosecution of common object) of the IPC, the court said.

The court then posted the matter for formally framing of charges on August 27. Earlier, a magisterial court had transferred the case to the sessions court after noting that Section 333 of the IPC was exclusively triable by the court of sessions. Bhajanpura police station had registered an FIR against the accused on the basis of the statement of the injured police officer. (PTI)

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