- विज्ञापन -
New Delhi: The Delhi District court has recently set aside an order discharging a gangster, Harsimran alias Badal, and three others in a case of firing at a builder’s office in Majlis Park.
All accused were discharged by the magistrate court on July 20, 2023.
This case pertains to firing at a builder’s office. An FIR was registered at the Adarsh Nagar police station.
Additional Sessions Judge (ASJ) Dhirendra Rana allowed the revision moved by the Delhi Police, challenging the order that discharged the accused persons.
The matter has been remanded back to the magistrate court for hearing the arguements on the charge afresh.
The sessions court has also granted liberty to file a supplementary charge sheet as far as CDRs of some accused persons are concerned.
The Delhi Police had challenged the discharge of Harsimran alias Badal, Tejpal, Aiman alias Pathan and Ashish alias Ashu.
While setting aside the discharge order, ASJ Dhirendra Rana said, ” I am not in agreement with the observation of the Learned Trial Court with utmost regard that there is no evidence against the accused person in this case except disclosure statements.”
“There is a statement of complaint qua identification of accused Aiman and Ashish which is sufficient enough to frame a charge against these accused persons,” ASJ Rana said in the order of July 23.
The court granted liberty to SHO Adarsh Nagar to file the CDRs of the accused, Tejpal, and Harsimran alias Badal, within three months.
“With these observations, the order of July 20, 2023 passed by the learned Trial Court is hereby set aside, through which all accused persons were discharged. The Trial Court is directed to hear arguments afresh on the charge after the filing of a supplementary chargesheet, if any, by the IO / SHO PS Adarsh Nagar, in this case,” ASJ Rana ordered on July 23.
The sessions court observed, “The trial court did not consider the fact that prosecution sought to prove the conspiracy theory on the basis of the CDR of accused persons, and it was specifically mentioned in the last line of the chargesheet that supplementary chargesheet would be filed after procuring the CDR.”
While hearing the revision, the sessions court had issued notice to SHO PS Adarsh Nagar, and a report was filed stating that he is in the process of procuring CDR of the accused persons, and thereafter, a supplementary charge sheet would be filed before the learned Trial Court.
The court said, ” Although valuable time has already been wasted by the police, still this court deems it appropriate to provide another opportunity to the investigation officer (IO) to place on record the CDR of accused persons to prove the theory of conspiracy. ”
On July 20, 2023, the Magistrate court discharged all accused persons. The court had noted that the intention of the assailants was not fatal but to threaten the complainant.
Jailed gangster Harsimran alias Badal was facing trial under the Maharashtra Control of Organised Crime Act (MCOCA).
The case of prosecution is that the accused Tejpal was having a monetary dispute with one Arun Bhagat, whose in-laws were residing at C-84, Gali no. 6, Majlis Park, Adarsh Nagar, Delhi and in order to recover the said amount, he hired the accused Harsimran alias Badal, who further hiredthe accused persons, namely Aiman alias Pathan and Ashish alias Ashu to fire at the residence of in-laws of Arun Bhagat. Both the accused persons mistakenly fired at C-86. Gali no. 6, Majlis Park, Adarsh Nagar instead of C-84.
All the accused persons were arrested during the investigation and charged with a charge sheet thereafter. However, all were discharged by the magistrate court.
