Court rejects Delhi Police's application on 2020 Delhi riots
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New Delhi: In a case pertaining to the 2020 North East Delhi riots, a Delhi court rejected the Police’s plea seeking the withdrawal of three complaints clubbed to the case, IANS reports.
The case, registered by the Dayalpur police station, against 11 people was dealt with by Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts.
The court observed that when the case is charge sheet-based, any plea taking an opposite stand to the final report is not maintainable.
“In my opinion, when the prosecution is based upon the charge sheet and supplementary charge sheet, any application taking a stand contrary to the stand taken by prosecution in the charge sheets cannot be maintainable,” the court said.
The judge noted that the submissions on the application moved by the Investigating Officer (IO) to withdraw three complaints were clubbed in the case.
When the court asked the Special Public Prosecutor (SPP) about the maintainability of the motion to withdraw three complaints clubbed in the case, the SSP submitted that the order could be passed in accordance with the law.
The court said, “Such application can be maintained only on the basis of the final stand taken by prosecution in the formal document, i.e., the final report of investigation, known as charge sheet. Hence, this application is to be rejected.”
The two IOs in the case were summoned by the court citing the Delhi Police Commissioner’s instruction to them to be present in the court during the hearing.
The court has posted the next hearing on the case to December 14.