HC notice on Umar Khalid’s plea over dropped charges against men who allegedly shot him

The two men had allegedly shot him near the Constitution Club in the national Capital in 2018 where he was attending an event

The Delhi high court on Wednesday issued notice in a petition filed by former Jawaharlal Nehru University (JNU) student leader Umar Khalid challenging the trial court’s order dropping attempt to murder charges against two men who had allegedly shot him near the Constitution Club in the national Capital in 2018.

Khalid had approached the high court challenging the city court’s December 6 order. (HT fil ephoto)

A bench of justice Anoop Kumar Mendiratta while seeking Delhi Police and accused persons Naveen Dalal and Darvesh response, posted the matter for May 21 for further consideration.

Khalid had approached the high court challenging the city court’s December 6 order.

Additional sessions judge (ASJ) Devender Kumar Jangala while discharging the men, under Section 307 (attempt to murder) of the Indian Penal Code (IPC) observed that none of the witnesses had alleged that the accused had pulled the trigger or attempted to pull the trigger of pistol and the material on record did not show that the accused had any definite intention to cause Khalid’s death.

“The statement and material on record does not show any definite intention to cause death of the complainant/victim by the accused. It is well settled law that while exercising the powers under section 227 Cr.PC, a Judge is not required to act merely as post office or the mouthpiece of prosecution but has to consider peculiarities of the case and the total effect of evidence,” ASJ Jangala had said.

On Wednesday, Khalid appearing through senior advocate Trideep Pais submitted that the trial court’s order was shocking adding that the accused had stalked Khalid on Facebook, procured a gun and planned the entire incident.

The incident took place outside the Constitution Club where he had come for an event titled ‘Khauff Se Azaadi’.

The case pertains to an incident that occurred outside the Constitution Club at New Delhi on August 13, 2018, where Khalid was attending an event ‘ Khauf Se Azadi’ organised by “United Against Hate (UAH)”.

A first information report (FIR) was filed against the two men in 2018 under Sections 307 (attempt to murder), 201 (destroying evidence) and 34 (acts done by several persons in furtherance of common intention) of the IPC and Section 25/27 of the Arms Act.