A Delhi court has discharged Aam Aadmi Party (AAP) legislator Naresh Balyan in a 2015 case related to the violation of the model code of conduct during the campaigning for the assembly election.
Balyan was booked as he organised a meeting that began earlier than its scheduled time as AAP convenor Arvind Kejriwal had arrived early.
Additional Chief Metropolitan Magistrate Samar Vishal, in the order delivered on Thursday, discharged Uttam Nagar Member of Legislative Assembly (MLA) Balyan from the case filed under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC).
The Delhi Police had registered a First Information Report (FIR) on January 18, 2015 on a complaint of a member of the flying squad supervising the elections who alleged that the meeting started before the scheduled time of 3 p.m.
However, police did not attach or file any corresponding complaint of the public servant in its chargesheet.
Police said the meeting was to be attended by Arvind Kejriwal and as he came earlier than the scheduled time, the meeting began early. Since the organiser of the meeting was Naresh Balyan, he was made accused in the case.
The defence counsel pointed out that the chargesheet had been filed under Section 188 of the IPC but there was no corresponding complaint of the public servant whose order was allegedly violated.
"Without that complaint, the court is not even empowered to take cognizance of the offence, what to talk of trial of the accused," the court said.
"It seems that police has casually filed this chargesheet without observing the legal principles and without complying with the legal requirement. The offence alleged is violation of an order of a public servant but no such order is placed on record along with the chargesheet."
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