: A court here has dismissed a case against former AAP MLA Jarnail Singh for allegedly criminally intimidating and preventing a demolition squad headed by a Junior Engineer of the South Delhi Municipal Corporation from carrying out demolition of an unauthorised construction in west Delhi’s Tilak Nagar last year.
Additional Sessions Judge dismissed the case against Mr. Singh, allowing his revision petition against framing of charges by a Metropolitan Magistrate court last year.
Dismissing the framing of charges against Mr. Singh, the judge said: “The court cannot take cognizance on the basis of a police report and the case should have proceeded as a complaint case. It is not in dispute that the instant case has been culminated on the police report, i.e. after registration of the FIR and filing of the charge sheet. So, the mandatory provisions of Section 195 of the CrPC have not been complied with.”
‘Erroneous cognizance’
“Since in the instant case, the charge sheet has been filed under various Sections including under Section 186 ( obstructing public servant in discharge of his public functions) of the IPC and the cognizance has been erroneously taken therein, the impugned order is liable to be set aside,” the judge further said.
Section 195 of the CrPC says that “no court shall take cognizance of any offences punishable under Sections 172 to 188 (both inclusive) of the IPC …......... except on the complaint in writing of the public servant”.
