SC relief eludes Todi

Appeal against framing of Rizwanur charges dismissed

  • Published 12.10.18, 2:43 AM
  • Updated 12.10.18, 10:06 AM
  • a min read
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Ashok Todi File picture

The Supreme Court on Thursday dismissed an appeal filed by industrialist Ashok Todi and three others challenging the framing of charges for abetment to suicide against them in the 2007 Rizwanur Rahman death case.

The bench of Justices A.K. Sikri and Ashok Bhushan said it found no reason to interfere with the June 12, 2017, order passed by Calcutta High Court dismissing an appeal filed by the accused against the framing of charges.

The bench, however, said the sessions court should conduct the trial based on the evidence placed before it, uninfluenced by any observations made by the high court or the apex court during the hearing on the appeal.

“When the matter was at the stage of framing of charges after the filing of the chargesheet, the petitioners herein filed discharge petition, which was dismissed by the trial court. This order has been confirmed by the high court.

“After hearing learned counsel for the parties, we are not inclined to interfere with the order of framing of charges, as it is not a matter where the petitioners could have been discharged at that stage. However, it hardly needs to be emphasised that observations of the high court or the trial court were in the context of framing of charges.

Rizwanur Rahman
Rizwanur Rahman File picture

“The trial court shall take the final decision in the matter on the basis of the evidence which was produced without being influenced by the observations made by this court. The special leave petitions are accordingly dismissed. Pending interlocutory applications, if any, shall stand disposed of,” Justice Sikri, heading the bench, said in a written order.

The high court had in June 2017 dismissed the petitions filed by Ashok Todi, Pradip Todi, Anil Saraogi and Pappu Yadav, seeking quashing of the charges against them in the Rizwanur Rahman death case.

The CBI has charged Ashok Todi — whose daughter Priyanka had married Rizwanur against her family’s wishes — Pradip Todi, Saraogi and Yadav with abetment to suicide under Section 306 of the IPC.

Rizwanur and Priyanka had married in August 2007. On September 21, 2007, Rizwanur was found dead beside the railway tracks at Patipukur in north Calcutta, leading to the arrest of the accused.

The case was probed by the state CID before being handed over to the CBI.