Court pulls up cops for flawed probe, givesclean chit to attempt to murder accused
Citing lack of evidence and serious lapses in police investigation, the court gave clean chit to one Ashtbhuja Pathak, who was booked for plotting the attack on Abhishek, son of jeweller Sudhir Kesarwani over a property dispute in 2020.
Jeweller had named his elder brother, Rajesh Kesarwani and Ashtbhuja Pathak in the FIR and the police in its chargesheet had framed the accused.
The accused had to stay in jail for 40 days.
However, Additional Sessions Judge Madhu Dogra, hearing Pathak's discharge plea under Section 227 CrPC, found no direct or circumstantial evidence linking Pathak to the crime.
"The court noted that no CCTV footage captured the incident. Pathak's call records did not place him near the scene. No firearm or incriminating item was recovered. No prior complaints supported the claim that Pathak threatened the victim, and no independent witnesses corroborated the allegation," said senior lawyer, Pranshu Agarwal, who filed a discharge plea in the court on behalf of the accused Pathak.
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The court criticised police for relying solely on suspicion and filing a chargesheet without any material proof. Calling the probe fundamentally flawed, the court directed that a copy of the order be sent to the principal secretary (home), DGP, DG (prosecution), principal secretary (law and justice), and the district magistrate, Lucknow, for appropriate action against the officers responsible for the baseless charges.
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