New Delhi, Oct 29 (PTI) A court here on Thursday stayed an order directing the Delhi Police to register an FIR in a case in which a man allegedly suffered a gunshot injury in his eye when rioters attacked him during the communal violence in northeast Delhi in February this year.
The court said an FIR has already been registered on the complaint of victim Mohammad Nasir under the relevant sections at Bhajanpura Police Station in the matter.
Nasir had alleged in his complaint that he was attacked by a mob led by Naresh Tyagi, Shubhash Tyagi, Uttam Tyagi and Sushil during the riots. He claimed that no FIR has been registered by the police yet in the matter.
The magistrate court on October 21 had directed the Bhajanpura Police Station SHO to lodge the case within 24 hours of receiving the order.
Additional Sessions Judge Vinod Yadav, on Friday, stayed the magistrate court's order till the next date of hearing and issued notice to complainant Mohammad Nasir, on whose application the earlier order was passed.
The court directed Nasir to file by November 6 his reply on the revision petition filed by the police against the October 21 order.
During the hearing, Special Public Prosecutor Naresh Kumar Gaur, appearing for the police, submitted that once an FIR was already registered on the complaint of the complainant, then the police cannot be forced to register another FIR in the matter in respect of the same incident.
The public prosecutor also informed the court that the SHO of Bhajanpura Police Station had received the magistrate court's order only on October 28.
The application, filed through advocate Mehmood Pracha, had sought court's directions for registration of an FIR against Naresh, Shubhash, Uttam and Sushil.
It stated that on February 24, Nasir was allegedly attacked while he was returning home with his sister, who was admitted in a hospital for the past few days due to kidney stones.
When Nasir reached near Khajuri Chowk, he saw there was fire all around and therefore, some police officials told him not to take that route home and so he took an alternate route, the application stated.
It further said that when he reached near Rubber Factory Chowk, he was allegedly stopped by some rioters who asked his name and he replied his name as 'Krishna'.
On reaching the street where he resided, he saw around 100-150 rioters carrying rods, pistols, petrol bombs, desi bombs, swords, which was allegedly led by the Tyagis and Sushil, the application said.
It further claimed that all of a sudden Naresh allegedly opened fire at Nasir and the bullet hit his left eye.
'All the members of the mob were raising slogans of 'Jai Shree Ram' and were lighting fire on houses/shops of Muslims and were also attacking them with pistols and petrol bombs,” it claimed.
'After being shot when the complainant (Nasir) reached near his home, his father and brother saw him and got worried and called 100 number thrice in order to call for PCR (police control room) but the police department did not help them,' the application had alleged.
Finally with the help of one of the neighbours who is an auto-rickshaw driver, the complainant was taken to hospital where he was operated upon and discharged on March 12, it had said.
The application had further claimed that Nasir had filed a complaint to the police on March 19 and informed them about the alleged incident but no FIR has been registered till date.
He had also informed the police that he was allegedly receiving death threats from Naresh to not file any complaint, the application had said.
It had further said that on July 3, Nasir sent a letter to the deputy commissioner of police (northeast) for protection under the Delhi Witness Protection Scheme, but no help has been received.
'The complaint was initially sought to be filed in March 2020, but due to the suspended functioning of subordinate courts directed by the Delhi High Court, the complaint could not be filed,' Nasir had stated in his application.
The police had informed the court that the complaint was filed on March 19, after almost a month's gap and hence it was doubtful.
The investigating officer had further said that no evidence was found against the accused persons named in the application.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured. PTI URD SNE