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Jan 04, 2013 at 02:53pm IST

Constable Tomar death: Plea seeks quashing of FIR against 8, HC serves notice to govt

New Delhi: The Delhi High Court on Friday admitted a plea seeking the quashing of FIR that had been filed against eight persons over police constable Subhash Tomar's death during the anti-rape protests that erupted following the brutal gangrape of a 23-year-old physiotherapist.

The writ petition claims that a CCTV footage by the Delhi Metro Rail Corporation (DMRC) shows that two of them were at metro stations at the time of the incident.

The revelation could prove to be a major embarrassment for the Delhi Police that had pushed for charges against the eight. The High Court has now issued notices to the Centre, the Delhi government and the Delhi Police and has sought a status report from the latter.

However, police sources say that the FIR was about the whole rioting incident and not just the constable's death. "The eight are not booked for murder but in the general case. The individual role will only be defined at the time of the chargesheet," they added.

The police has also asked for a medical board to determine the nature of injuries of Tomar, the sources said.

Tomar's death had led to a barrage of claims and counter-claims from the police and the protesters with both the sides sticking to their stands on what caused the policeman to collapse during the December 23 clash at India Gate during the anti-gangrape agitation and his subsequent death in Delhi's Ram Manohar Lohia Hospital on Tuesday.

While two protesters - Yogendra and Pauline - who tried to help Tomar after he collapsed, claimed that the policeman had no visible injury marks on his body when they saw him, a third witness claimed that the constable was beaten up by a few protesters.

Salim, Yogendra and Pauline have already been questioned by Delhi Police Crime Branch officers who are investigating the constable's death.

Even though the post mortem report of Tomar confirmed that he was hit by a blunt object and was injured during the clashes at the anti-rape protests at India Gate on Sunday, Yogendra stuck to his stand claiming that the constable was not injured. "The truth is that he was not injured at that time. According to the medical officer too, no injuries were found that caused his death," Yogendra told CNN-IBN.

Yogendra even questioned the post mortem report and said, "If you're saying it's an allegation, then let it be. This is not the first time this has happened. Delhi Police called me on Monday at 4 pm to find out what happened. I told them. They didn't ask me anything else," Yogendra said.

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