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BJP’s Northwest Delhi MP Yogender Chandoliya withdrew a petition in the Delhi High Court on Wednesday, which sought to set aside a magistrate court’s order that framed charges against him in a 2020 case. He was accused of allegedly assaulting a public servant.
Upon a query from the court of Justice Ravinder Dudeja, Chandoliya’s counsel admitted that the appropriate forum at this stage for challenging the magistrate court’s order would lie before the sessions court — and not the high court.
On May 3, the magistrate court had directed framing of charges against the MP under IPC sections 341 (wrongful restraint), 353, 356 and 34 (assault or criminal force to deter public servant from discharge of his duty and assault or criminal force in attempt to commit theft of property carried by a person). It had discharged him under IPC section 186 (obstructing public servant in discharge of public functions).
The complaint in the case was filed by a traffic policeman, Head Constable Raj Kumar. He alleged that on October 7, 2020, he was stopped by the MP from “discharging his duty” near Shiv Mandir in Karol Bagh.
Earlier that day, the Prasad Nagar police station had received a call that a group of people had “blocked a crane”. Kumar was on “crane duty”, lifting vehicles that were parked improperly.
As per his complaint, he pointed towards a scooter that was improperly parked. Following this, Kumar alleged, the BJP MP started shouting at him, asking why he wasn’t lifting other cars that were not parked properly.
Kumar claimed that Chandoliya blocked the crane, abused him, and “incited” people to gather at the spot. After this, Kumar alleged, he took out his phone to record the incident. Chandoliya allegedly tried to snatch his phone and pulled him down as he was trying to climb onto the crane.
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