The Central Bureau of Investigation (CBI) on Wednesday filed a reply to the petition filed by Manoj Gurjar's defence counsel Mahendra Morya appealing the court to release the tractor-trolley (under which the officer was killed) to his parents.
During the last hearing, the special CBI court of Anupam Srivastava fixed the trial schedule from September 26 in IPS officer Narendra Kumar death case, involving suspected mining mafia member and sole accused Manoj Gurjar.
Defence counsel Morya said during the last hearing on August 23, he filed a petition with the court on behalf of his client to release the tractor-trolley to Gurjar's parents as it was their agricultural asset. "As it was Gurjar family's agricultural asset and they need it for work at the field, there is provision under section 451, 457 of CrPC to hand over the seized vehicle to the accused's family members even if the case is going on in the court," Morya said.
"CBI in their reply made it clear that it is not correct to hand over the vehicle to the family members under the respective sections. The deceased's blood stains were also found on the tractor-trolley's wheels and this could be destroyed once the vehicle is handed over to the Gurjar family," Morya explained.
In another petition under section 91 of CrPC, Morya sought phone call details of Morena thana in-charge Raghuvanshi, cops of Barmore, former MP minister Rustam Singh's calls to another cop, besides transport department (RTO) documents and licenses. However, the court has dismissed the petition, Morya said.
In the previous hearing, the CBI court approved the trial schedule submitted by the investigation agency (September 26 and 27). The CBI, in its submission, mentioned six names for trial including Chandrapal Singh, Rajkumar Singh, Ratan Yadav, Dilip Shivhare, Dr Jain Narayan Soni and Sachdev Singh.
The court has already framed charges against Gurjar, under section 304 (culpable homicide), section 353 (use of criminal force to prevent a government official from discharging his duties) of IPC and 181 of the Motor Vehicle Act.
Gurjar is accused of mowing down Kumar when the latter tried to stop the tractor-trolley loaded with illegally mined stones in Morena district of Madhya Pradesh on March 8 this year.