The Allahabad High Court 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 high court made the observation while staying the proceedings under section 307 (attempt to murder) of the Indian Penal Code against Mohammad Saad, who was accused of deliberately not informing the local authorities about taking part in the event and avoiding voluntary quarantine upon his return from Delhi.
Justice Ajay Bhanot passed the order while hearing a petition filed by Saad challenging the chargesheet filed against him in the case. The petitioner pleaded before the court that earlier the chargesheet was filed under sections 269 and 270 of IPC for spreading deadly disease, but later it was recalled and a fresh chargesheet 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 abuse of the power of law".
The court also directed the state government, SSP Mau and the concerned police officer to file their reply in the case. "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 and justify the amendment directed by him to the charge sheet," the bench directed.
The court fixed December 15 as the next date of hearing in the case.
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