Constable Amir Khan claimed that trial court has ‘wrongly’ clubbed the two cases as one was sessions, other magisterial triable case.
New Delhi: A UP Police constable on Wednesday moved the Delhi High Court challenging framing of charges against him for the alleged murder of the Unnao rape survivor's father and framing him in a case of possession of illegal arms.
Constable Amir Khan claimed in his plea that the trial court has "wrongly" clubbed the two cases as one was sessions triable and other was magisterial triable case.
The trial court on August 13 had charged expelled BJP MLA Kuldeep Sengar and nine others for the offences punishable under sections 302 (murder), 506 (criminal intimidation), 341 (wrongful restraint), 120B (criminal conspiracy) and 193 (false evidence) of the IPC and under section 25 of the Arms Act.
The charges framed against them also included sections 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 166 (public servant disobeying law, with intent to cause injury to any person) and 167 (public servant framing an incorrect document with intent to cause injury) of IPC.
The court also had cancelled the bail of three UP police officials -- the then Makhi police station's in-charge Ashok Singh Bhadauria, Sub Inspector Kamta Prasad and Khan -- accused in the case, and sent them into custody after the charge of murder was framed against them.