The Delhi High Court Wednesday dismissed a plea by an Uttar Pradesh Police constable challenging framing of charges against him for the alleged murder of the Unnao rape survivor's father.
Justice Suresh Kumar Kait denied the relief to Amir Khan, who is in judicial custody and sought quashing of framing of charges, including murder and criminal conspiracy, against him, alleging that the August 13 order of a trial court judge was "illegal, improper, prejudicial and against established principles of criminal procedure code".
The detailed order of the Delhi High Court is awaited.
Khan, in his plea, filed through advocate Arun Khatri, has said "the trial judge in the impugned proceedings order and charges framed admitted that there is no role of the petitioner in the conspiracy of assaulting/ beatings to the survivor's father. Thus, making the police officials including petitioner (Khan) liable for murder is untenable illegal."
His counsel had argued in the high court that Khan's role was confined to lodging of FIR and that he signed the memo of recovery of weapon.
The woman, allegedly raped by expelled BJP MLA Kuldeep Singh Sengar in 2017 when she was a minor, is battling for life after a truck rammed into her car in Uttar Pradesh's Rae Bareli on July 28, killing two of her aunts. Her lawyer was also injured in the accident.
On September 2, the high court had issued notice to the counsel representing the survivor as to why contempt proceedings be not initiated against him.
The court has said in its order that advocate Dharmendra Kumar Mishra interjected frequently while the counsel for Khan and CBI were making their submissions.
"Although this court has repeatedly requested and warned him not to interject in between but he did not buzz to that and continued to do so. On the previous day also, he interjected at least 10 to 15 times without any relevance, despite repeated warnings.
"Thus, he has interfered in dispensing the justice which amount to contempt of this court. Therefore, I hereby issue notice as to why contempt proceedings may not be initiated against him," the judge had said.
In the case related to her father's death, the trial court had on August 13 charged Sengar and nine others for the offences punishable under sections 302 (murder), 506 (criminal intimidation), 341 (wrongful restraint), 120B (criminal conspiracy) and 193 (false evidence) of the IPC and under section 25 of the Arms Act.
The charges framed against them also included sections 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 166 (public servant disobeying law, with intent to cause injury to any person) and 167 (public servant framing an incorrect document with intent to cause injury) of IPC.
The court had also cancelled the bail of three UP police officials -- the then Makhi police station's in-charge Ashok Singh Bhadauria, Sub Inspector Kamta Prasad and Khan -- accused in the case, and sent them into custody after the charge of murder was framed against them.
The accused denied the charges and claimed trial.
The rape victim's father was arrested on April 3, 2018 and died in judicial custody on April 9, 2018.
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