AAP MLA Amanatullah challenges framing of notice, court seeks response from police
Aug 06, 2024
New Delhi [India], August 6 : The Rouse Avenue court on Tuesday issued a notice to Delhi Police on a revision petition filed by AAP MLA Amanatullah Khan who has challenged the order of framing of notice (charge) against him.
Additional Chief Judicial Magistrate framed notice against him on August 2. This matter pertains to allegedly obstructing public servants during a National Investigation Agency raid in Abul Fazal Enclave in 2020.
Special judge Kaveri Baweja issued notice to Delhi Police and sought a response. The matter has been listed on August 14 for further hearing.
AAP MLA Amanat Ullah has moved a revision petition through advocates Rajat Bhardwaj and Kaustubh Khanna.
A Notice under Section 251 of the CrPC was framed against the Revisionist- Amanatullah Khan in Complaint Case against Amanatullah Khan'.
Counsel for revisionist argued that the order of framing of notice is contrary to law and facts on record. The order
under challenge has been passed in a perfunctory and casual manner without there being any due application of judicious mind.
It is also contended that order under challenge is erroneous for the reason that the Trial Court has failed to appreciate that there was no sufficient ground for framing the notice under Section 251 of the CrPC against the Revisionist as complete submissions on behalf of the Revisionist were not considered.
It is further contended that there was no forceful entry by the Revisionist and there was no occasion for the Revisionist to be violent. The allegations levelled can't be believed as it is alleged that the Revisionist was all alone and there were numerous police personnel present. AS per the charge sheet the DSP along with the entire raiding team was present and the SHO along with his team was present.
Petition mentioned that on 29.10.2020 an FIR was registered against Amanatullah under Sections 186/189/353/34 of the India Penal Code, 1860 on the Complaint filed by Krishan Kumar, DSP, NIA Headquarters Delhi, New Delhi.
He alleged that the revisionist forcefully entered the house of one Zafar-Ul-Islam Khan where the Complainant DSP was present with their raiding team in connection with a NIA Case.
After investigation, a Chargesheet was filed on 20.10.2023 under Sections 186/189/353/506 of
the India Penal Code, 1860 without arresting Amanatullah Khan and a Supplementary Chargesheet was also filed dated 10.03.2024 before the
Court.
The Court after taking cognizance of the alleged offence and summoned Amanatullah 30.03.2024.
