Court stays order directing FIR in case of gunshot injury to man
New Delhi: 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 north-east Delhi riots in February.
The court said an FIR had 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 by a mob of Hindu rioters while he was returning home with his sister, who was admitted to a hospital for the past few days due to kidney stones. The application said Naresh had shot Nasir in his left eye.
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.
