A Delhi Court, hearing North East Delhi riots cases, on Wednesday discharged former AAP councillor Tahir Hussain and nine other accused persons for the offence of committing mischief by fire or explosive substance with intent to destroy property, in a case related to riots.
Additional Sessions Judge Pulastya Pramachala of Karkardooma Court discharged the ten accused from the offence under section 436 of IPC. However, the accused persons will face a trial under sections 147, 148, 149, 427, and 120B of IPC and Sections 3 and 4 of the Prevention of Damage to the public property Act.
In this case, the court has discharged Tahir Hussain, Mohd. Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid, Mohd. Rihan, Mohd. Abid, Arshad Qayyum and Irshad Ahmed under section 436 IPC.
The sessions court has remanded the matter back to the chief metropolitan magistrate for trial in other sections against the accused persons.
This case was registered on a complaint filed by one Jai Bhagwan.
The court said that the complaint and statement of the complainant, by no stretch of the imagination, showed the commission of the offence under section 436 of IPC.
The court observed, "It is well apparent that this Section (436) was added in this case without due application of mind. Hence, all the accused persons are discharged for an offence under section 436 IPC."
The present case was registered at Dayal Pur police station on the Complaint of Jai Bhagwan. He called the PCR on February 25, 2020, alleging that about 100 people from the terrace were throwing petrol bombs on the properties belonging to the Hindu community. It was alleged that rioters burnt various houses, shops and public property.
The court after perusing the charge sheet and supplementary charge sheet, the court observed that except for general information regarding the incident that took place during the riots, "one cannot get any idea as to what particular incident this particular case was registered and charge sheet filed."
The judge said that it is only from the second charge sheet that SPP pointed out the statement and Complaint made by Jai Bhagwan and submitted that this case is in respect of the complaint of Jai Bhagwan.
In this complaint, Jai Bhagwan alleged that due to riots he had suffered the loss of furniture purchased by him for the purpose of marriage of his daughter and having a value of around Rs.35,000.
According to his contentions, his furniture was burnt at Chand Bagh Pulia.
His one statement was recorded purportedly on September 15, 2019, wherein he mentioned names of various accused persons, in this case, to allege that they were throwing stones and petrol bombs etc.
However, the focus of allegations remained that he was bringing furniture and other electronic items for the marriage of his daughter from Hapur, UP on a loading vehicle, which was intercepted and stopped near Chand Bagh Pulia, on Karawal Nagar Road, by the mob. After that, all the articles kept in that vehicle were thrown on the road and were burnt, the court noted in the order.
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