Umar Khalid moves Delhi HC against discharge of accused in 2018 Constitution Club attack case

New Delhi, March 13 (IANS) Umar Khalid, the former Jawaharlal Nehru University (JNU) student leader, on Wednesday moved the Delhi High Court against the acquittal of two men charged with an attempt on his life in 2018.

Khalid’s plea has challenged the trial court’s decision to discharge the accused from charges of attempted murder and will be heard next on May 21.

Justice Anoop Kumar Mendiratta, who presided over the case, issued notices to both the Delhi Police and the accused, Naveen Dalal and Darvesh.

The case stems from an incident outside the Constitution Club of India in 2018, where Khalid alleges he was targeted in an assassination attempt.

While the trial court did discharge Dalal and Darvesh of the attempt to murder charge under Section 307 of the Indian Penal Code (IPC), it upheld charges against them under Sections 201 and 34 of the IPC and Sections 25 and 27 of the Arms Act.

Additional Sessions Judge (ASJ) Devender Kumar Jangala of Patiala House Courts while discharging the men 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 the 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 a post office or the mouthpiece of prosecution but has to consider peculiarities of the case and the total effect of evidence,” the trial court had noted.

Khalid’s counsel argued that there were “egregious facts” involving the accused preparing and stalking Khalid on Facebook before the attack, stressing the gravity of the allegations.

Senior Advocate Trideep Pais appeared for Khalid.

The incident, according to Khalid, occurred when he was approached by the two men while attending an event at the Constitution Club in August 2018.

He claims that one of the men brandished a pistol at him, which he managed to fend off until the intervention of his friends scared the attacker away.

Despite escaping, Khalid claims hearing a gunshot fired from another direction, with the weapon left behind on the road.

The trial court, in its decision to discharge the accused of the attempt to murder charge, cited a lack of evidence showing a definite intent to kill Khalid.

After discharging the accused of the offence of Section 307, the trial court had said that since the remaining offences against the accused are triable by the court of magistrate, the file should be sent to the Chief Metropolitan Magistrate.

–IANS

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