A Delhi court on Wednesday dismissed the bail plea of a man arrested in a murder case relating to violence that rocked northeast Delhi in February.
Additional Sessions Judge Vinod Yadav dismissed the plea of accused Mohd Saleem Khan after his counsel Mehmood Pracha did not press for bail application.
The court also disposed of an application filed by Khan's counsel Pracha, seeking a specific answer from the Investigating Officer (IO) as to whether the charge sheet in the matter is complete or the investigation still continues.
Pracha argued that the IO of the case has filed two supplementary charge sheets in the matter to plug in the lacunas. He also said that the investigation was not concluded or closed by the IO.
Special Public Prosecutor Amit Prasad has argued that there is no provision in law under which such an application can be filed and thus this application is also not filed indicating any provision of law and, therefore, the same is not maintainable.
He further argued that the right to investigate the case can not be curtailed by filing such an application.
On this, ASJ Yadav said, "In my considered opinion, the violence cases can not be equated with other criminal cases where the accused and victims stand clearly identified and the police just has to collect evidence against the accused."
"In violence cases, the police has to first obtain CCTV footage or video footage of the incident and then identify the persons present at the scene of the crime and it is very difficult to clearly identify each and every person in one go and investigate the matter," he said.
The court said that one can really not say as to whether the police loses its right to further investigate the matter or to continue to investigate qua unidentified rioters.
"This court can not permit a roving/fishing inquiry during the judicial proceedings in this matter as sought to be done through this application," ASJ Yadav said.
( With inputs from ANI )
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