Court discharges AAP legislator in 2015 election campaign case
New Delhi, May 10: 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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3 of family killed in car-lorry collision in Chitradurga
Chitradurga (Karnataka), May 12 (PTI): Three members of a family died after their car collided with a lorry near Holalkere early on Monday, police said.
The family hailing from Guntur district in Andhra Pradesh was en route to Udupi when the accident occurred at around 4 am, they said.
Citing preliminary investigation, a senior police officer said the car driver allegedly dozed off while driving and entered the opposite lane resulting in a head-on collision with the lorry which was heading towards Ballari from Mangaluru.
Three members of the family, including a woman, died, he said.
The car driver sustained injuries but is stated to be out of danger now. He is currently being treated at a hospital in Chitradurga, the officer said.
A case of accident was registered, police said, adding further investigation is underway.
