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A Delhi court on Saturday ordered the framing of charges against BJP MP Yogender Chandolia in a case where he was accused of assaulting a public official in the Capital in 2020.
The complainant in this case was head constable Raj Kumar, who alleged that the MP had stopped him from discharging his duty by pulling him down from a crane. Chandolia’s associate had allegedly snatched his phone, the complainant had claimed, adding that the MP used abusive language directed towards him.
“The facts that the accused had earlier tried to snatch the mobile phone of the complainant and that later on, the said mobile phone, though snatched by a third person, was kept by the accused, shows the existence of common intention, which might have developed at the spot, between the accused and the snatcher. These facts prima facie show the commission of offence punishable under Section 356/34 IPC,” said Additional Chief Judicial Magistrate Neha Mittal of the Rouse Avenue Court in her order dated May 3.
“In view of the above discussion, accused Yogender Chandolia is discharged u/s 186 (obstructing public servant in discharge of public functions) IPC and prima facie case for offences punishable u/s 341/353/356/34 (wrongful restraint, 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) IPC is made out against the accused,” she added.
Chandolia’s counsel had argued that no CCTV footage of the incident had been procured, which “cast a shadow of doubt on the case of prosecution”. The lawyer had also argued that the accused was a public representative and was protesting against the unlawful conduct of the traffic police.
An FIR was registered against Chandolia at the Prasad Nagar police station in 2020.
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