New Delhi: Shahrukh Pathhan, who allegedly appointed a gun at the Head of the Delhi police chief for 2020 communal riots, on Monday moving the court here looking out of all violations in this case.
A photo of Pathhan appointed a gun in unarmed police Deepak Dahiya had become a viral on social media during last year’s communal riots.
He was arrested on March 3, 2020 and is currently nested in Tihar Jail.
He faced allegations of violations such as riots with deadly weapons, trying to kill, attack and prevent public servants in disposal of tasks under the Indian Criminal Code (IPC) and ARMS.
The application will be heard by additional sessions of AMITABH judge in September 21, Pathan adviser said.
In the Disposal Application, Pathan, through his advice, referred to the 26-second incident video and stated that the “murder attempt” was not made when he shot in the air and was not intended at Dahiya, even though it made the police move after hearing it.
“Shahrukh Pathan must be dismissed from a violation below Section 307 (an effort to kill) and prosecution can claim as the best of the cost breaking needs under section 336 IPC, to ‘act to endanger the life or personal safety of others’,” said.
In addition, Pathan does not look pelling stone along with the others, also does not show any collective action strategy in the evidence generated by the police, the application said, added that there was no violation of “riots” made.
Furthermore, the police case rested on a statement made by Dahiya where he alleged that Pathan was a prominent person who raised anti-government and anti-CAA slogans, opening fire on the police and the general public.
“There is no evidence of the record that the defendant [Pathan] was accused of being accused, and it should be noted that the defendant was not seen in any record presented by the prosecution that throws stones along with other charges,” he added.
Only in front of one side of the two large groups involved in protest and violence activities did not automatically make the crowd leader’s pathhan, the request submitted by the advocates of Khalid Akhtar and Mohammad Shadan in the name Pathalf said.
“Therefore, respectfully praying so that this court might be happy to issue orders who issued Shahrukh Pathan’s accusations from all violations quoted by him according to the investigation in the FIR 51/2020,” he added.
Criminal procedure code (CRPC) empowers the court to release the defendant for the specific violations alleged if there is no “enough land” to continue.
Pathhan was accused of two cases, someone related to appointing a gun at Dahiya police chief and the others for the attempt to murder one Rohit Shukla during violence in Northeast Delhi.
Communal clashes have broken in Northeast Delhi in February 2020, after violence between supporters of the citizenship law (amendment) and the protesters tastes spinning out of control leaving at least 53 injured people.
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