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Questioning maintainability, court rejects police plea to withdraw 3 complaints in 2020 Delhi riots case
A court here has rejected Delhi Police’s application seeking withdrawal of three complaints clubbed in a case related to the 2020 North East Delhi riots.
New Delhi : A court here has rejected Delhi Police’s application seeking withdrawal of three complaints clubbed in a case related to the 2020 North East Delhi riots. Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts was dealing with a case against 11 accused registered by the Dayalpur police station.
The judge said 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.
He noted that the submissions on the application moved by the Investigating Officer (IO) to withdraw three complaints were clubbed in the case. The court asked the Special Public Prosecutor (SPP), whose submissions it heard, regarding the maintainability of the application, which was moved by the Investigating Officer (IO) to withdraw three complaints clubbed in the case.
In response, the SPP said that the order could be passed in accordance with the law. “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 court said.
Moreover, the two IOs in the case were summoned by the court citing that the Delhi Police Commissioner had already issued instructions to the IOs to be present in the court during the hearing on the point of charge in Delhi riots cases. Now the case is scheduled to be heard next on December 14.
