The High Court of Allahabad has observed that the attempt to murder charge slapped against a Mau resident, who participated in the religious congregation organised by the Tablighi Jamaat at New Delhi in March, was reflective of "abuse of the power of law".
The HC made the observation while staying the proceedings under section 307 (attempt to murder) of IPC against Mohammad Saad, who was accused of deliberately not informing the local authorities about taking part in the event & avoiding voluntary quarantine upon his return from Delhi.
Justice Ajay Bhanot passed the order while hearing a plea filed by Saad challenging the charge sheet filed against him in the case. The petitioner pleaded before the court that earlier the charge sheet was filed under sections 269 & 270 of the Indian Penal Code for spreading the deadly disease, but later it was recalled & a fresh charge sheet was filed under section 307 of IPC for 'attempt to murder'. The court after hearing the concerned parties observed, "From a perusal of the material, charge sheeting the applicant under Section 307 IPC prima facie reflects an abuse of the power of law".
The Court also directed the State Govt, SSP Mau & the concerned police officer to file their reply in the case.
The Bench directed, "C.O. shall also file his personal affidavit indicating as to how the ingredients of Section 307 IPC are made out from the facts in the record from the material collected during the investigation & justify the amendment directed by him to the charge sheet".
The Court fixed Dec 15 as the next date of hearing in the case.
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