More than two years following the Delhi Police's submission of a chargesheet against seven individuals involved in a case related to the 2020 North East Delhi riots, the investigating agency has now filed a closure report in response to the continuous pressure coming from the court.
Additional Sessions Judge Pulastya Prama Chala has absolved the accused individuals of their charges and redirected the case to the Chief Metropolitan Magistrate for handling the closure report. The case had reached the point where charges were about to be formally presented against the accused individuals in this case, Mohd. Shakir, Mobin, Mehmood Qureshi, Mohd. Arman, Nasir @ Arbaz, Imran, and Nadeem.
The court specified that the Chief Metropolitan Magistrate (CMM) will need to review the evidence presented by the prosecution once more. The CMM will have the option to either accept the existing evidence, instruct further investigation, or make a determination that the available materials are substantial for initiating legal proceedings and summoning the accused individuals.
Six of the accused individuals in the case were already out on bail, and the court issued a release warrant for Nadeem after he provided the necessary personal bond.
In the court's order, it was observed that the chargesheet in the case initially pertained to four incidents outlined in the First Information Report (FIR) filed by the New Usmanpur Police Station. The police had contended that these incidents were collectively investigated due to their close proximity in terms of both time and location of the crimes.
However, the police subsequently informed the court that their investigation had revealed that these incidents were not interconnected but rather separate occurrences. They had already submitted a closure report concerning three other incidents related to the case before the Chief Metropolitan Magistrate (CMM) of the North East District.
The primary chargesheet in the case was submitted in 2021, and a supplementary chargesheet was added in February 2022. However, it wasn't until July 2022 that the court initially began raising inquiries about the case. In the final report regarding the case, which was filed in relation to one injured individual, Atul Gupta, there were references to injuries sustained by other individuals as well in the FIR. The police had classified those incidents as untraced.
On July 8 of the previous year, the court had instructed the police to file distinct final reports concerning those incidents. Subsequently, it was communicated that 'untrace reports' had been submitted for six complaints. The court then proceeded to deliberate on the matter concerning the charges related to the injuries sustained by Gupta.
The matter resurfaced in March of this year when the Special Public Prosecutor submitted a written synopsis highlighting injuries sustained by seven injured individuals. The court raised concerns about the evidence linking the accused to these incidents and requested the police to clarify the gaps in the case.
The court further inquired about the legal basis for investigating multiple incidents under the same FIR and the rationale behind filing a chargesheet for one incident while submitting 'untrace reports' for others within the same case. In response, the police indicated their intention to file a supplementary chargesheet to address these questions and provide additional information.
On the last Thursday, the police requested an additional two days to submit the supplementary chargesheet to clarify their position. The court, while granting this final opportunity, expressed disappointment, deeming it "very unfortunate" that the prosecution had repeatedly failed to address its inquiries in the case. However, on Tuesday, the police made the decision to close the entire case.
Case: State Vs. Mohd Shakir CNR No. DLNE01-001575-2021 SC No. 205/2021.
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