Constable Tomar death: Anti-rape protestors' plea against FIR rejected
The court also dismissed another plea of Gaurav Bansal, a lawyer, for transfer of the investigation to CBI.
New Delhi: The Delhi High Court on Thursday dismissed two separate petitions seeking quashing of the FIR and transfer of probe from city police to CBI in the case lodged for various offences, including rioting and death of constable Subhash Tomar during anti-rape protests in the capital.
Turning down the plea of seven out of eight protestors who were booked under various sections of Indian Penal Code and Prevention of Damage to Public Property Act, Justice GP Mittal said, "The FIR, at this stage, cannot be quashed and no further directions are needed in the writ petition...The same is accordingly dismissed."
Justice Mittal in his order took on record the submission of the Additional Solicitor General (ASG) that the eight accused will not be charged under section 302 of IPC for murder of the constable but they will face the charges of destruction of public property.
The court also dismissed another plea of Gaurav Bansal, a lawyer, for transfer of the investigation to CBI. "No material has been placed on record by the petitioner which would compel the court to transfer the investigation from Crime Branch to CBI," the court said.
During the earlier hearings in the case, ASG had showed to the judge the video footage of "violent" protests at India Gate on December 23, last year following the brutal rape of a 23-year-old on December 16 and said the plea for quashing of FIR was "premature" as "49 policemen and 69 others (protesters) were injured in the incident, properties were destroyed and the accused cannot decide the course of the probe".
The Delhi Police had said no evidence had been found against the eight youths with regard to their involvement in the death of constable Tomar. Tomar, who died on December 25 at RML Hospital, was posted at Karawal Nagar police station here and was called to help the police in maintaining law and order at India Gate during protests on December 23.
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