How Two Supplementary Chargesheets Would Be Filed In A Delhi Riots Case Qua Two Separate Incidents? Court Asks Police To Clarify

A Delhi Court has asked the Delhi Police to clarify as to how two supplementary chargesheets would be filed qua two separate incidents in relation to a North East Delhi riots case.

Additional Sessions Judge Virender Bhat was dealing with FIR 105/2020 registered at Khajuri Khas police station under sec. 147, 148, 148, 188, 437, 435 and 436 of the Indian Penal Code, 1860.

The FIR was registered on the basis of a call received by an ASI stating that a riotous mob consisting of about 1000-1500 persons, armed with lathis/dandas and sariyas, had gathered near a school, resorted to stone pelting, vandalism and put on fire the nearby residential houses.

According to a report submitted by the Investigating Officer in the matter, it was stated that as per the legal opinion received, two more supplementary chargesheets would have to be filed for the incidents which had taken place on February 24 and 25 last year.

While noting that the the incident involved in the FIR in question took place on February 24, 2020, the Court said:

"…it is not understandable as to how two supplementary chargesheets would be filed in this very case qua two separate incidents that had taken place on 24.02.2020 and 25.02.2020."

The Special Public Prosecutor also submitted that instead of two supplementary chargesheets, two separate chargesheets will have to be filed in the matter.

"The IO is hereby directed to make the position clear in this regard on or before the next date of hearing," the Court said while posting the matter for further hearing on November 20.

During the course of hearing, an application was also moved by the accused Azad Khan seeking cancellation of non bailable warrants issued against him on the previous date of hearing.

The warrants were returned by the IO unexecuted for the reason that he was not found residing at the given address despite several visits.

It was submitted on behalf of the accused that he had met with an accident in August and was not in a position to move around, as a result of which he was unable to appear before the Court.

"It is noteworthy that the applicant had not informed his counsel about his injuries on 21.09.2021. Even no attempt has been made on behalf of the applicant during the period of 2 months for seeking cancellation of NBWs issued against him. As per the report of the IO, the applicant was not found residing at the given address despite several visits. Therefore, I do not find any ground for cancellation of NBWs," the Court said while dismissing the application.

Accordingly, Azad was taken into custody forthwith.

Title: State vs Azad Khan

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