New Delhi: The Delhi High Court has recently dismissed an FIR filed against former Aam Aadmi Party (AAP) Councillor Tahir Hussain in connection with the 2020 North-East Delhi riots, citing the presence of a similar case against him.
The bench of Justice Subramonium Prasad, while delivering the judgment, observed that, in accordance with the law established by the Supreme Court, it is appropriate to direct that the charge sheet in FIR No. 116/2020 be treated as a supplementary charge sheet in FIR No. 101/2020.
Upon reviewing the materials on record, the Court noted that both FIRs share around 9 common eyewitnesses and 23 witnesses in total. Therefore, the Court concluded that no prejudice would be caused to the witnesses or victims by treating the charge sheet in FIR No. 116/2020 as supplementary to FIR No. 101/2020, allowing the trial to proceed accordingly, said the court
Tahir Hussain's plea stated that since the incident took place at the same time, in the same building - one incident happened on the ground floor whereas another incident happened on the first floor of the building in question, and, therefore, the incident is a part of the same transaction and, therefore, two different FIRs could not have been registered against the petitioner as the same is contrary to the law laid down by the court.
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