Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: SC No. 137/24
FIR No. 782/23
PS Welcome
State Vs. Akram and Ors.
22.10.2024
Present : Sh. Parmod Kumar, Ld. Addl. PP for the State.
Accused Akram and Azruddin produced from JC.
Remaining accused persons present on bail.
Sh. Mohd. Salim, Ld. Counsel for accused persons
i.e. Suhail, Kesh, Abdul Kayum, Arif and Afjal.
Ms. Alka Singh, Sh. Vaibhav Tomar and Sh. Nishant
Raghav, Ld. Counsels for accused Azharuddin.
Pursuant to notice issued to SHO concerned for
filing subsequent opinion w.r.t. MLC of injured Noman, one
communication has been sent by SI Dilip Kumar Gautam
whereby some more time has been sought for the said purpose.
Time is granted with directions to file the same on or before
NDOH positively.
Otherwise, this matter is fixed for consideration on
the point of charge today.
Ld. Addl. PP for the State has stated that there is
sufficient material on record to frame charge against the accused
persons Akram @ Tirrul and Azharuddin for the offence u/s
307/506/34 IPC and qua accused persons Aarif @ Babu,
Akhlakh, Afzal @ Billu, Abdul Kayum, Kesh, Nadeem, Firoz,
Suhail @ Sallu for the offences u/s 323/325/452/34 IPC.
Per contra, Ld. Counsels for accused persons have
objected by stating that accused persons have been falsely
contd.,
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implicated and there is no evidence on record to frame charge
against them. Thus, they are entitled to be discharged.
Submissions heard. Record perused.
Perusal of the record reveals that specific allegations
have been levelled against all the accused persons of having
committed the alleged offences and the same seems to be
supported by the statement of other witnesses and the material
otherwise placed on record, which gives rise to a strong suspicion
against the accused persons. Therefore, this court is of the view
that prima facie offences u/s 307/506/34 IPC are made out
against the accused persons i.e. Akram @ Tirru and Azharuddin
whereas offences u/s 323/325/452/34 IPC are made out against
the accused persons Aarif @ Babu, Akhlakh, Afzal @ Billu,
Abdul Kayum, Kesh, Nadeem, Firoz, Suhail @ Sallu.
Accordingly, charges are framed, to which accused persons have
pleaded not guilty and claimed trial.
Put up this matter for filing of subsequent opinion
w.r.t. MLC of injured Noman/PE on 05.12.2024.
Complainant along with Duty Officer be summoned
for NDOH.
Issue notice to IO/SI Ankur Malik to appear in
person before this court on NDOH.
(Vineet Kumar)
ASJ-02/E-Court (Shahdara)
KKD/Delhi/22.10.2024
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