The Delhi High Court on Tuesday reserved orders in a plea by former AAP councillor Tahir Hussain seeking quashing of one of the First Information Reports against him and the subsequent proceedings, including the charges framed against him in relation to the same FIR. Hussain is facing allegations of rioting, criminal conspiracy and promoting communal enmity as well as offences under the Arms Act in relation to the 2020 North East Delhi riots.
Two FIRs were lodged against Hussain for similar offences from one incident, only differentiated by the place of offence — one for the offence committed on the ground floor of the building and another on the first floor of the same building. The two FIRs were lodged at the Khajuri Khas Police Station.
Representing Hussain, advocates Tara Narula and Shivangi Sharma submitted before the court of Justice Subramonium Prasad that the trials on the two FIRs are running parallelly at the moment before the trial court and several witnesses are common. “All witnesses (so far) have deposed In a similar manner… Even seizures in the second FIR are the same as the seizures in the first FIR…Let them (prosecution) be given liberty to file a supplementary chargesheet (in the chargesheet filed with respect to the first FIR),” submitted Narula on Tuesday, while seeking quashing of the second FIR and the subsequent proceedings.
The prosecution, however, contended that a supplementary chargesheet will amount to reinvestigation of the first FIR itself, “which is not permissible under law”.
The first FIR was lodged on February 24, 2020, and the second was filed three days later on February 27, 2020.
Addressing the prosecution, Justice Prasad, however, orally remarked during the hearing, “Because of your mistake of having two FIRs of one transaction, it has left the victim in the lurch.”
The court recorded that arguments have been completed and reserved the plea for orders while directing the parties to file their written submissions in the next 15 days.
Earlier, Hussain moved the Supreme Court seeking a stay on the proceedings after the Delhi High Court refused the relief in quashing his petition. The top court refused to intervene at the time as the matter was subjudice before the high court.
A Delhi trial court framed charges against Hussain in December 2022.
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