Delhi Riots: High Court Issues Notice On Accused's Plea For Discharge In Head Constable Ratan Lal Murder Case

The Delhi High Court has issued notice on a plea moved by an accused seeking discharge in the head constable Ratan Lal murder case related to the 2020 North-East Delhi riots.

Justice Shalinder Kaur sought response of the Delhi Police on the plea moved by accused Mohd. Khalid.

The prosecution has also reserved its right to address arguments on the maintainability of the petition.

“Let the reply be filed, before the next date of hearing, with an advance copy to the opposite side,” the Court said while listing the matter on October 14.

Advocates RHA Sikander, Mohd. Hasan and Heema appeared for the accused. SPP Ashish Dutta along with Advocate Mayank appeared for Delhi Police.

Khalid has challenged the trial court order framing charges against him in November last year for the offences under Section 148, 186, 188, 302, 323, 325, 332, 333, 353, 427 and 435 of the Indian Penal Code and Section 4 of the Prevention of Damage to Public Property Act.

Khalid was arrested in the case in June 2023, after he was named as an accused in the 5th supplementary chargesheet filed by the Delhi Police. He was granted bail in the case in September that year.

In his plea, Khalid has argued that there is no prima facie case against him, nor is there any cogent evidence against him.

He has contended that the chargesheet does not contain any material on record that raises grave suspicion on him or establishes a direct nexus between him and the alleged offence.

“Even if all the allegation as well as the statements of witnesses recorded under Section 161 Code of Criminal Procedure,1973 are presumed to be true even in that case the petitioner will not be liable for the alleged offences,” the plea states.

FIR 60/2020 was registered at Dayalpur police station under Section 186, 353, 332, 333, 323, 109, 144, 147, 148, 149, 153A, 188, 336, 427, 307,308, 397, 412, 302, 201, 120B and 34 of the Indian Penal Code read with Section 3 and 4 of the Prevention of Damage to Public Property Act and Section 25, 27, 54 and 59 of the Arms Act.

It was stated that around 1 PM, protesters carrying danda, lathies, baseball bats, iron rods and stones started gathering at the main Wazirabad road and did not pay heed to the directions of senior officers thereby became violent.

It was further stated that after repeated warnings to the protestors, mild force and gas shells were used to disperse the crowd. According to the Constable, violent protesters started beating people as well as police personnel, due to which he himself sustained injury on his right elbow and hand.

He also stated that the protestors attacked DCP Shahdara, ACP Gokulpuri, and Head Constable Rattan Lal due to which they fell on the road and sustained grievous injuries.

All the injured persons were taken to hospital, where it was found that Ratan Lal had already died due to injuries sustained and DCP Shahdara was unconscious and had sustained head injuries.

Title: MOHD KHALID v. STATE GOVT. OF NCT OF DELHI

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