January 19, 2017 5:14:31 pm
AAP MLA Jarnail Singh has been discharged by a Delhi court of charges of preventing an MCD engineer from demolishing an unauthorised building here, causing damage to state property and beating up a government official. The sessions court set aside a magisterial court order taking cognisance on the charge sheet and framing charges against him on technical grounds, saying it was “bad and unsustainable”.
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“Since in this case, the necessary compliance of Section 195 CrPC has not been made, so the cognisance as well as the charge framed subsequently, vide impugned order, is bad and unsustainable. “Resultantly, the petitioner is entitled for an order of discharge in his favour. The revisionist is discharged from the case,” Additional Sessions Judge Rakesh Kumar-I said.
Singh, AAP’s Tilak Nagar MLA, was chargesheeted by police for allegedly assaulting a South Delhi Municipal Corporation junior engineer, Athar Mustafa, and preventing him from carrying out his duty when the latter and his team had gone to demolish an illegal structure in West Delhi on April 28, 2015. The sessions court passed the order on a revision plea filed by the legislator challenging the magisterial court’s order framing charges against him in October 2016.
The judge said as per section 195 CrPC, no court shall take cognisance of any offences punishable under sections 172 to 188 of the IPC except on the complaint of public servant. The court said it was clear that the magistrate cannot take cognisance of the police report for the offence under section 186 (obstructing public servant in discharge of public functions) of the IPC and the case should have proceeded as a complaint case.
“Since in this case, charge sheet has been filed under various sections including under Section 186 of the IPC and the cognisance has been erroneously taken therein, so the impugned order is liable to be set aside,” it said.
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