Kanpur businessman death: Delhi High Court stays trial court proceedings since murder charges framed against only one UP cop

The Delhi High Court on Wednesday stayed the proceedings before a special Central Bureau of Investigation (CBI) court in the case relating to alleged killing of Kanpur-based businessman Manish Gupta by the Uttar Pradesh Police. .Justice Jasmeet Singh also stayed the operation of two orders of the special court dated December 22, 2022 and January 9, 2023 after it noted that the special court had decided not to frame murder charges against five of the six cops allegedly involved in the death.In the December 2022, the special court had denied the victim’s family’s request to assist the court, while by way of the January order, it had framed charges under Section 323 (voluntarily causing hurt) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) against six people.However, murder charge under Section 302 of IPC was framed only against Jagat Narain Singh who was posted as Station House Officer(SHO) at the relevant time. .Gupta had died from injuries sustained after being allegedly thrashed by the police in a Gorakhpur hotel room.As the matter involved local police, the investigation was transferred to the CBI and trial was directed to be conducted in Delhi.The court was today hearing a plea by the victim’s family challenging the trial court’s order. .Advocate Amit George appeared for the petitioners and argued that the trial court’s order refusing to allow the victim’s family to assist the court was totally contrary to the dicta of the Supreme Court.George further argued that the SHO in conspiracy with his subordinates conspired to destroy the evidence and derail the investigation and, therefore, murder charges should be drawn against all of them..After hearing the case, the court remarked that it was not convinced with the trial judge’s logic and that the order cannot sustain.“I am of the view that the petitioner should have been heard and allowed to assist the court at the time of framing of charge. I am also of the prima facie view that the accused should be charged with section 302 and 34 of the IPC,” the Court noted.Justice Singh added that in case the matter is permitted to proceed, evidence would be led not under Section 302 and but only Section 323 which may not be proper.“In this view the operation and effect of the orders dated December 22, 2022 and January 9, 2023 and the proceedings are stayed till the next date of hearing,” the court ordered..It also issued notice to the CBI and the accused and listed the case for further consideration on March 3..The petition was filed through advocates KK Shukla and Kartickay Mathur. It was argued by advocate Amit George.Advocate Mridul Jain appeared for the CBI.