Complainant seeks time to file the list of remaining witnesses
and for further pre summoning evidence. Heard. Allowed.
Be put up for further pre summoning…”
27.
Thereafter, in the aforesaid complaint case, the learned
Magistrate had issued summons to the other two accused persons
vide order dated 23.07.2019.
28.
It is, thus, noted that in the present case, the respondent no. 2
had withdrawn his earlier complaint i.e. Ct. Cases 5786/2018, only
qua accused no. 3, purely on the grounds of lack of jurisdiction of the
learned Magistrate in Saket Courts to adjudicate a case related to a
sitting MLA, who is also the Chief Minister of Delhi. In this regard,
this Court also takes note of the fact that pursuant to directions
passed by the Hon‟ble Apex Court in case of Ashvini Kumar
Upadhyay vs. Union of India & Anr. W.P. (C) 699/2016, a
notification no. 35/DHC/Gaz./G-1/VI.E.2(a)/2018 dated 23.02.2018
was issued by this Court constituting special Courts to deal with
cases against sitting/former MPs/MLAs.
29.
As regards the argument regarding applicability of Section 257
of Cr.P.C., it is important to note that the case i.e. Ct. Cases
5786/2018, at the time when complaint qua petitioner herein was
withdrawn, was still at the stage of recording of pre-summoning
evidence. The petitioner i.e. accused was not before the Court
concerned, as he had not yet been summoned, and the learned
Magistrate had not applied his mind even to the material before him
to arrive at a finding as to whether the accused persons were required
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
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