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Delhi Court seeks Police response on Double Jeopardy FIR

2 min read

Snehal Upadhyay-

Published on: September 8, 2021, at 09:58 IST

A District Court of Delhi has questioned the Police Authorities on how a Chargesheet in the case of Northeast Delhi Riots was not prohibited under the Principle of Double Jeopardy as the First Information Report (FIR) filed on a complaint in which three of the co-accused were discharged earlier.

The three co-accused namely Mohd Shadab, Rashid Saifi and Shah Alam were discharged in FIR109/2020 under which one of the complaints was compiled with the main complaint that was filed by Zeeshan. In addition, in FIR 117/2020 Shadab, Saifi and Alam were co-accused and Zeeshan was the main complainant.

In FIR 109/2020 17 complaints were compiled together, whereas in FIR 117/2020 there were eight complaints. Zeeshan had complained about how his furniture shop was looted by a mob resulting in which he had incurred the loss of 20 lakhs approximately.

A Single Bench of Additional Sessions Judge Vinod Yadav observed that “The matter was investigated again and the chargesheet was filed. The special public prosecutor was asked a specific question as to how the present chargesheet was sustainable in the eyes of law. Is it not barred by the principle of double jeopardy enshrined in Section 300 Code of Criminal Procedure (CrPC) and Article 21 of the Constitution of India.”

Both the FIRs were filed on March 4, 2020.

The Court has raised some serious contentions on the compilation of complaints on two different dates. The Court stated that there were 10 complaints that were compiled and had Prima Facie exhibited that the incidents stated in the FIR took place from the morning of February 25 till the next day.

Also Read: Delhi Riots: Delhi Court discharges 3 citing Improper Investigation