New Delhi [India], September 9 (ANI): A Delhi court hearing northeast Delhi riots cases on Friday discharged five accused of the offence of setting on fire a bike showroom. The court noted that the articles belonging to the showroom were set on fire on the road and not in the showroom.
The case has been remanded back to the magistrate court as other sections are triable by a court of the magistrate.
Additional Sessions Judge Pulastya Pramachala of Karkardooma Court said, “I have perused the record. From the complaint of Mohd Mairaj as well as photographs related to showroom was not set on fire, rather the articles belonging to him were set on fire in front of his showroom. This alleged act would invite Section 435 (Causing mischief by fire or any explosive substance intending to cause damage to any property) IPC, rather than Section 436 (Causing mischief by fire or explosive substance with intent to destroy a house) IPC.
In view of above mentioned observations, all accused persons are hereby discharged for an offence punishable under Section 436 (Causing mischief by fire or explosive substance with intent to destroy a house) IPC. Since the other alleged offences are triable by Metropolitan Magistrate, therefore, the case is remanded back to learned CMM (North East) to proceed further, the court ordered.
The court discharged accused Irshad, Ujer, Tasin alias Tasneem, Gulfam, Sameer Saifi alias Pummy from the offence under 436 IPC.
The complainant Mohd Mairaj had alleged that he was running a motorbike sales showroom at Noor E Elahi Road. On February 24, 2020 due to communal riots, he locked his showroom. At that time, 15 new bikes/scooty for sale, 5 used bikes/scooty, one scooter of staff and one motorbike of a customer, were kept in the showroom. Apart from these, other articles including laptop, printer and some cash were also there.
He also alleged that when he made a call to his landlord in the morning of February 25, he came to know that all the motorbikes were taken out by the mob outside the showroom and were set on fire. Later on, the mob looted all the electronic and electrical items and destroyed the office furniture. Immediately thereafter he made a PCR call and informed the police.
Delhi Police had arrested accused Irshad and Ujer in another riot case. During interrogation, they allegedly disclosed their involvement in the present case and they allegedly participated in rioting mob as shown in the viral video. On the basis of viral video, they both were identified and found involved in the incident being members of unlawful assembly. (ANI)