The Delhi court has recently rejected the application of Delhi Police to withdraw 3 complaints clubbed in a case related 2020 North East Delhi riots.
Additional Sessions Judge Pulastya Pramachala, who heard a case regarding the 2020 communal riots against 11 accused registered by the Dayalpur police station, stated when the case is “based on charge sheets”, any plea taking a contrary stand to the final report is not maintainable. In an order passed on Saturday, the judge noted the submissions of the Special Public Prosecutor on the application moved by the Investigating Officer to withdraw 3 complaints clubbed in the case.
The court posed a query to the SPP regarding the maintainability of the application, to which he said that an order could be passed in accordance with the law.
The court stated, “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 added, “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.”
During the proceedings, the court summoned the 2 IOs in the case, underlining that the Delhi police commissioner that had already issued instructions to the investigation officers to be present in the court during the hearing on the point of charge in the Delhi riots cases.
The court posted the matter for further hearing on December 14.
