Delhi Court rejected a revision plea challenging the order for registration of FIR concerning a cylinder blast at Madina Masjid and an acid attack on the complainant. The plea was filed by Delhi Police
The offence was allegedly done by the people of the Hindu community during the 2020 Delhi riots. The case pertains to the area under Karawal Nagar police station. This complaint was clubbed with another FIR by the police.
Additional Sessions Judge (ASJ) Karkardooma Court Pulastya Pramachala dismissed the revision moved by the Delhi police.
Delhi Police had challenged the order passed by the Additional Chief Metropolitan Magistrate (ACMM) on November 19, 2022 directing the Station House Officer (SHO) Karawal Nagar to register an FIR.
While dismissing the revision, the ASJ said, "I do not find any illegality committed by the learned Metropolitan Magistrate while exercising his discretion to allow application under section 156 (3) CrPC."
Hence, no grounds are made out to interfere with the order of November 19, 2022, ASJ Pramachala said.
The court observed that it was not a case of two versions of the same incident. The excess number of complaints cannot be a ground to club all on several complaints without there being the proximity of time and place of the alleged crime, so as to show continuous action of the perpetrators.
The complainant Mohd Vakil filed a complaint namely seven persons in Karkardooma Court. In his complaint, he alleged that on February 25, 2020, persons from Hindu Community came to his locality, wherein a mosque namely "Madina Masjid" was situated adjacent to the house of the complainant. This mob burst a gas cylinder in that masjid.
He also alleged that a bottle full of acid was thrown towards him while he had taken shelter on the roof of his house with his family. The bottle hit him on his face and he lost his eyesight. The face of his daughter was also burnt in the incident.
Thereafter, the mob including the persons named in his complaint burnt his house by bursting a gas cylinder. They also took away household articles from his house, Mohd Vakil alleged.
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