Court dismisses Delhi Police`s plea against AAP member
New Delhi: A court here has dismissed a plea by the Delhi Police challenging an order of a magistrate, who had refused to take cognisance of a charge sheet filed against an Aam Aadmi Party (AAP) member in an alleged rioting case.
The court dismissed the revision petition filed by police, saying that there was "no infirmity" in the order passed by the magistrate as the conclusions arrived at by the court was logical.
"In view of above, there is no infirmity in the order passed by the metropolitan magistrate dated January 15, 2013 and the present revision petition filed by the revisionist (police) is dismissed," Additional Sessions Judge Daya Prakash said.
Police had filed the plea in the matter in which a charge sheet was filed against AAP member Shazia Ilmi alleging that on August 1, last year, about 300-400 protesters were staging protest near India Gate here and she was "instigating" them to proceed towards the Prime Minister`s residence without having valid permission from the authorities.
The police, in its charge sheet, had alleged that Ilmi instigated the protesters to move towards the PM`s residence and they were stopped by police and were directed to return to Jantar Mantar but they pushed aside the barricades and ropes and reached Rajpath crossing.
It had also alleged that the protesters started running towards the PM house, causing obstruction to traffic movement and also creating a law and order problem.
The magistrate, however, had refused to take cognisance of the charge sheet filed for the offences punishable under various provisions of the IPC, including sections 145 (joining or continuing in unlawful assembly), 186 (obstructing public servant in discharge of public function) and others.
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