June 16, 2021 6:08:23 am
A local court of Mathura on Tuesday dropped proceedings against three PFI men and journalist Siddique Kappan, who were booked on charges of breach of peace after being arrested on October 5 last year while they were on their way to Hathras to meet the family of Dalit woman allegedly raped and murdered.
The sub divisional magistrate dropped the proceedings as limitation of the proceedings under section 116 (6) CrPC expired, said the lawyer. The other three persons are Atiqur Rahman, Masood Ahmed and Alam. Defence Counsel Madhuvan Dutt Chaturvedi said after the arrest on October 5, they were produced before a court of sub-divisional magistrate which sent them to judicial custody.
While being in judicial custody, the court hearing the breach of peace case sent a notice under Section 111 of CrPC (magistrate order against any person who is likely to commit breach of peace) on the basis of a report submitted by the police. A notice was served to them in jail asking why they should not be asked to submit a personal bond of Rs 1 lakh each, along with sureties from two guarantors of the same amount.
“The accused denied the charges levelled against them. Recently, I moved an application in the court of sub-divisional magistrate, Maat, RD Ram requesting that the proceedings against the accused be dropped as the police, in the prescribed period of six months, could not produce evidence in support of their case. The court discharged the accused on technical grounds today,” the lawyer said.
He added that the court dropped the proceeding under Section 116 (6) of CrPC. The said section says the inquiry shall be completed within a period of six months from the date of its commencement, and if such an inquiry is not completed, the proceedings under this chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing.
Two days after the arrest, the UP Police filed another case against them aon various charges, including sedition and the stringent UAP(A). The accused had been in judicial custody ever since. The police later booked four more persons in the case. In April this year, the police filed a charge sheet against all eight persons, including Kappan, in a local court in Mathura.
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