STATE OF NCT OF DELHI vs MOHD. TAHIR HUSSAIN & ORS.

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:13th October, 2025 + CRL.M.C. 7233/2025, CRL.M.A. 30362/2025 & 30363/2025 (stay) STATE OF NCT OF DELHI .....Petitioner Through: Mr. Madhukar Pandey, SPP with Mr. Sulabh Gupta and Mr. Daksh Sachdeva, Advocates. versus 1. MOHD. TAHIR HUSSAIN S/o Md. Kallan Saifi .....Respondent No.1 2. ANAS S/o Idrish ....Respondent No.2 3. FIROZ S/o Babuddin ....Respondent No. 3 4. JAVED S/o Jafruddin ...Respondent No. 4 5. GULFAM S/o Ramjani ...Respondent No. 5 6. SHOAIB ALAM @ BOBBY S/o Mustafa Hussain ...Respondent No. 6 Through: Mr. Rajiv Mohan, Ms. Tara Narula and Ms. Sonal Sarda, Advs. for R-1. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 Signature Not Verified CRL.M.C. 7233/2025 Page 1 of 9 Signed By:VIKAS ARORA Signing Date:28.10.2025 10:27:57 (“BNSS”) has been filed on behalf of the Petitioner for setting aside Order dated 07.02.2025 passed by learned ASJ-03, North-East District, Karkardooma Courts in SC No.168/2020, whereby the Application for recall of PW-23 under Section 348 B.N.S.S., was dismissed. 2. Learned counsel for Respondent No.1 appears on advance Notice. 3. It is submitted in the Petition that on 24.02.2020, violent riots erupted in North-East Delhi, pursuant to the protests against CAA-NRC. Multiple calls were received by Police regarding violence and riotous activity. Few calls were also made by accused Tahir Hussain and the same were marked to SI Shiv Charan, who along with Ct. Ankit, Ct. Nikesh and ASI Hira Lal went to the house of accused Tahir Hussain at around 11:30 PM - 12:00 AM, on the intervening night of 24-25.02.2020. 4. On 25.02.2020, at around 04-05:00 PM, godown of Aman e-rickshaw of Harsh T