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23. PW­17 Ct. Babu Lal deposed that on 20.02.2015, FIR No. 236/15 PS Burari 25 of 149 State v. Gora Chand Dass & Ors.

accused persons namely Shyam Gopal Gupta, Anil Kaushik and Basant Goswami alongwith around 30 persons came to the police station and demanded handing over of two accused persons in a kidnapping case and upon refusal, those three above said accused persons started provoking the other persons and called the local MLA and at around 8:30 pm, accused persons Sanjeev Jha, Arun Jha, Neeraj Pathak and driver came to the police station in his Santro car and accused Sanjeev Jha misbehaved and abused Ct. Vikas and accused persons Neeraj Pathak, Shyam Gopal Gupta, and other persons started misbehaving with the police officials and accused Sanjeev Jha then called more of his other supporters and many more persons including accused persons namely Balram Jha, Narender Singh Rawat, Yash Bhatia, Heera Devi reached the police station.

25. PW­19 Inspector Sher Singh proved DD entry No. 49A as Ex.PW19/A and also proved the CD Ex.P1. In his statement u/s 161 Cr.PC, the then SHO Insp. Sher Singh has stated that on 20.02.2015, a large crowd had assembled at PS Burari who were demanding handing over of the accused FIR No. 236/15 PS Burari 27 of 149 State v. Gora Chand Dass & Ors.

persons involved in kidnapping case i.e. FIR NO. 231/15 of PS Burari and some persons in the crowd were raising slogans and provoking the crowd and at around 08.30 pm, the MLA of Burari Sanjeev Jha alongwith Neeraj Pathak, Arun Jha and his driver came to the PS and when Ct. Vikas tried to stop the vehicle at the gate, MLA Sanjeev Jha got angry and abused Ct. Vikas. It is further stated in the statement that thereafter accused Neeraj Pathak, Arun Jha, Shyam Gopal Gupta and others used force against SI Ajay and other police staff and in the meanwhile accused Balram Jha, Heera Devi and Yaswant @ Yash Bhatia came to the PS and were raising slogans and were instigating the crowd and at about 09.45 PM ­ 10.00 PM, MLA Model Town Sh. Akhileshpatti Tripathi came with his supporters and was making provokating statement and at around 10.30 PM, he being the SHO tried to pacify the crowd using loudspeaker but to no avail after which ACP Civil Lines also came to the PS. PW Insp. Sher Singh has further stated that the crowd got violent after which mild force was used to control the crowd and thereafter both the MLAs left the PS with their supporters.

37. DW­9 Sh. Jagjeet stated that on the day of the incident there was a peaceful protest going on at P.S Burari in relation to a kidnapping case as police was not taking any action and then at about 5 P.M­ 5:30 P.M., Sh. Sanjeev Jha, local MLA of the area also came there and the police official present at the gate of PS Burari stopped the car in which MLA Sanjeev Jha was sitting and started abusing him and told him "Vid­ hayak hoga to apne ghar ka hoga" and also pointed his riffle FIR No. 236/15 PS Burari 34 of 149 State v. Gora Chand Dass & Ors.

towards the MLA Sanjeev Jha after which MLA Sanjeev Jha asked the SHO PS Burari to remove the said police official who had misbehaved with him. DW­9 also stated that MLA Sanjeev Jha came out from the SHO room and asked the peo­ ple present there to maintain peace and not to indulge in any violence, otherwise, he would leave from there and in the meantime, DCP also reached there.

38. DW­14 Sh. Anit Kumar Jha deposed on the same lines as DW1 and stated that local MLA Sanjeev Jha came there in a car and he went inside the SHO room PS Burari by walking through the gate of PS Burari and when MLA Sanjeev Jha was going inside the SHO room, some protesters also accompanied him to the SHO room and after some time one another MLA Akhileshpatti Tripathi also came in the SHO room and SHO Burari police station agreed to take appropriate action against the erring officers after which MLA Sanjeev Jha and MLA Akhileshpatti Tripathi came out of the SHO room and requested the crowd gathered there to leave the premises as SHO had agreed to take appropriate action in the kidnapping case.