While hearing a case related to the 2020 north-east Delhi riots, additional sessions judge (ASJ) Pulastya Pramachala of the Karkardooma District Court on Monday pulled up the Delhi Police for bringing irrelevant witnesses to the trial.
The court was examining witnesses in trial proceedings against Noor Mohammad and Nabi Mohammad in an FIR registered against them at Khajuri Khas police station. Both the accused are out on bail.
ASJ Pramachala stated, “After this incident, no more such mishappenings shall be taken leniently by this court and this would be the last warning for the prosecution to wake up.”
During the hearing on Monday, a witness named Manoj Kumar was present for his examination. The court was apprised by the defence counsel that there was no mention of the complaint of the complainant in the charges framed in the case and that several complaints were clubbed, but charges were framed only in respect of two complainants, namely Dalip and Shiv Kumar Raghav.
The court noted that charges were not framed in respect of a complaint made by the witness present or even by the witness who had been summoned for the next day and that in the charges the wrong date of the incident had been mentioned.
The ASJ observed, “In view of the fact that charges do not mention the incident related to the witness present today or the witness summoned for tomorrow, there is no purpose to examine them. Hence, Sh. Manoj Kumar is discharged unexamined.”
“Despite repeated directions given, in the past in a number of cases, for the prosecution to go through the record and to check if everything is well with the record, such pain was not taken in this case, either by ld. Prosecutor or by the IO. One more last opportunity has been sought by the IO as well as the representative of ld. Prosecutor,” the court added.
Accordingly, the court directed the Delhi Police to take all requisite steps before the next date and fixed the matter for further hearing on November 29, 2022.
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