New Delhi [India], November 22 : The Delhi Police on Saturday sought time to file a sanction under section 195 CrPC against accused Sakariya Rajesh Bhai Khimji and Syed Tahsin Raza, who are accused in the Delhi CM Attack case.
An FIR was registered at the Civil Lines police station after the alleged attack on CM Rekha Gupta during a Jan Sunvai at her official residence in August.
Additional Sessions Judge (ASJ) Ekta Gauba Mann asked the Special Public Prosecutor (SPP) if the sanction was not filed, then how was the cognisance taken?
The SPP Pradeep Rana submitted that the sanction is pending at the home department. A complaint was forwarded through DCP much earlier.
It was also submitted that there is a judgment of the Supreme Court which says that the sanction can be filed even after the filing of the charge sheet. A supplementary charge sheet containing the sanction will be filed within 2 weeks, and the SPP will be submitted.
After hearing the submissions of counsel for Delhi Police, the matter for arguements on the charge was fixed for December 15. The court directed the investigation officer to ensure the sanction is filed within time.
On November 10, Delhi's Tis Hazari Court had listed the case for hearing arguements on framing of charges.
Delhi Police has already filed a charge sheet against two accused persons, and cognisance of the same has been taken. Additionally, the Police had also invoked sections of attempt to murder, criminal conspiracy, etc in the FIR.
Special Public Prosecutor (SPP) Pradeep Rana appeared through video conferencing (VC) alongwith advocate Kartik Gadi (Physically) for Delhi State.
Earlier, on October 18, Delhi Police filed a charge sheet against the accused Sakariya Rajesh Bhai Khimji and Syed Tahsin Raza. They were arrested by the Delhi Police and are in judicial custody. The court has taken cognisance of the charge sheet.
The Delhi Police arrested Sakariya Rajesh Bhai Khimji after he allegedly attacked the Delhi CM during a Jan Sunvai at her official residence at Civil Lines. Sakariya Rajesh Khimji, originally from Rajkot, Gujarat. During the investigation, his friend Syed Tahsin Raza was also arrested.