The Delhi High Court on Wednesday stayed proceedings before a special court of CBI in the case involving the alleged killing of Kanpur-based businessman Manish Gupta by the Uttar Pradesh Police in September, 2022.
Justice Jasmeet Singh also stayed the operation of two special court orders dated December 22, 2022 and January 9, 2023, noting that the special court had decided not to file murder charges against five of the six cops allegedly involved in the death.
The special court had denied the victim’s family’s request to assist the court in December 2022, while in January, it had framed charges against six people under Section 323 (voluntarily causing hurt) read with Section 34 (acts done by several persons in furtherance of common intention) of the IPC.
However, a murder charge under Section 302 of the IPC was only filed against Jagat Narain Singh, who was working as a Station House Officer (SHO) at the relevant time.
Gupta died as a result of injuries sustained while being allegedly thrashed by police in a Gorakhpur hotel room in September, 2022. Because the case involved local police, the investigation was transferred to the CBI, and the trial was ordered to be held in Delhi.
The court heard a plea on Wednesday from the victim’s family challenging the trial court’s order.
For the petitioners, Advocate Amit George argued that the trial court’s order refusing to allow the victim’s family to assist the court was completely contrary to Supreme Court dicta.
Furthermore, George argued that the SHO and his subordinates conspired to destroy evidence and derail the investigation, and that as a result, murder charges should be filed against all of them.
The court stated after hearing the case that it was not convinced by the trial judge’s logic and that the order cannot sustain.
The Court stated that, “I believe that the petitioner should have been heard and allowed to assist the court in framing the charge. I am also of the prima facie view that the accused should be charged under sections 302 and 34 of the IPC.”
According to Justice Singh, if the case is allowed to proceed, evidence would be led not under Section 302 and but only Section 323 which may not be proper.
The Court ordered, “In this view, the operation and effect of the orders dated December 22, 2022 and January 9, 2023 and the proceedings are stayed until the next date of hearing.”
It also issued notice to the CBI and the accused, and listed the case for further hearing on March 3, 2023.
