Delhi court refuses cognisance of chargesheet against ex-AAP MLA Rituraj Jha
The Hindu
Delhi court refuses to take cognisance of chargesheet against former AAP MLA for defying police order during protest.
A Delhi court has refused to take cognisance of a chargesheet against former AAP MLA Rituraj Govind Jha and others in a case of allegedly defying police order during a protest in March 2024.
Additional Chief Judicial Magistrate Paras Dalal said even if it was assumed that he disobeyed the order, such disobedience was not shown to have caused any obstruction, annoyance or injury, to any anyone.
“Even if it assumed that proposed accused persons disobeyed the order of ACP, Aman Vihar, such disobedience is not shown to have caused or tended to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed. Since no offence has been made out from the police report, this court declines to take cognisance of the offence,” the judge said in the order passed on February 21.
On March 24, 2024, Mr. Jha, along with councillor Ravindra Bhardwaj and other workers of the Aam Aadmi Party (AAP) gathered and started protesting when the Model Code of Conduct (MCC) was in effect, and they tried to burn an effigy of the Prime Minister and Enforcement Directorate.
The accused were detained for defying police order and were charged under section 188 (disobedience to order of a public servant) IPC.
The judge also pulled up the probe officer over the delay in investigation.
“This court fails to understand the working of enforcement agencies and specially the Delhi Police in the present case. Firstly, the police report has not stated the ingredients of the alleged offence. As stated above the present police report fails to show even prima facie what fact constituted an offence punishable under Section 188 IPC and no preliminary inquiry or legal opinion was obtained by the investigating officer before registering an FIR,” the judge said.
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