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"There is no material on record which would prima facie indicate that the accused had indulged in the riotous incident in pursuance to any conspiracy," noted a Delhi Court while framing charges for other offences against 11 accused in a case pertaining to the riots that gripped North-East Delhi in 2020. 

Additional Sessions Judge Virender Bhat framed charges against Vivek Panchal, Sumit Chaudhary, Ankit Chaudhary, Lokesh Solanki, Prince, Sandeep, Sumit Chaudhary, Pankaj Sharma, Jatin Sharma, Sahil Babu and Rishabh Chaudhary.

Charges have been framed under Sections 144 (Joining unlawful assembly armed with deadly weapon), 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 302 (Punishment for murder), 201 (Causing disappearance of evidence of offence), 364 (Kidnapping or abducting in order to murder), 452(House-trespass after preparation for hurt, assault or wrong­ful restraint) and149 (unlawful assembly) of IPC.

However agreeing with the arguments of the defence counsels that there was no material on record that would prima facie indicate towards conspiracy, court noted,

"Upon perusal of the material annexed alongwith the chargesheet particularly the statements of various witnesses, it is evident that charges u/s 144/147/148/302/201/364 /452 IPC r/w section 149 IPC are made out against all the accused. However, I feel in agreement with the submissions of the Ld. Defence Counsels that there is no material on record which would prima-facie indicate that the accused had indulged in the riotous incident in pursuance to any conspiracy and therefore, the charge for the offence u/s 120b IPC is not made out against them."

Upon court's this observation, the Special Public Prosecutor submitted that he wanted to address detailed arguments on the aspect of conspiracy and requested for an adjournment.

Accordingly, court adjourned the matter to February 22 for arguments on the aspect of charge u/s 120B IPC (criminal conspiracy).

Case Title: State vs Lokesh  Solanki etc.