Court upholds magistrate's order framing charges against BJP MP Yogender Chandolia

New Delhi, Oct 21 (PTI) A Delhi court has dismissed BJP MP Yogender Chandolia's plea against a magistrate's order of framing charges against him for various offences, including assaulting or using criminal force against a public servant, in a five-year-old case.

Chandolia was accused of assaulting an on-duty traffic constable under the Prasad Nagar police station area on October 8, 2020.

The sessions court held that, besides the statements of the complainant, other police officials and labourers, as well as the video clip recorded on the complainant's mobile, support the complainant's version.

A magisterial court had framed charges against him in May this year under IPC sections 353 (assault or criminal force to deter public servant from discharge of his duty), 356 (assault or criminal force in attempt to commit theft of property carried by a person), 341 (wrongful restraint) and 34 (common intention).

The BJP MP had filed a revision plea challenging the order, saying the charges were not legally and factually sustainable.

In an order dated October 18, the court said, “In the present case, when the complainant (constable) specifically stated that the accused pulled him down from the crane after obstructing his way, it clearly prima facie indicates that criminal force was used with the intent to cause fear or annoyance to the complainant.” It said the act was done with the intent to deter the public servant from discharging his duty as a traffic constable.

“A perusal of the FIR reveals that the complainant has specifically alleged that when he was recording the incident and the misbehaviour by the revisionist (Chandolia), the revisionist attempted to snatch his mobile phone.” “When the complainant tried to board his crane to escape from the revisionist, he was attempted to be pulled down, and when he handed over his phone to a labourer, Beera, an associate of the revisionist, snatched the phone,” the court said.

It said that Sections 353 and 356 of the IPC were prima facie made out in the case.

"A police official, even if a sole witness, is a competent witness, and the law does not prevent a police officer from being a credible or trustworthy witness." "Besides the complainant, other police officials and labourers, including Beera, have been examined by the investigating agency, and their statements on record support the complainant's version," the court said.

It said the evidence was further corroborated by the video clip recorded on the complainant's mobile.

“The argument of the revisionist that the contents of the FIR and the statements of witnesses do not corroborate each other cannot be considered at the stage of framing charges. If there is any contradiction, the same can be highlighted during the trial by the revisionist after recording evidence,” the court said.

It said that Chandolia’s arguments of independent corroboration from independent witnesses, non-collection of CCTV footage, absence of injury and the medical report of the complainant, could not assist his case.

"Consequently, no illegality, impropriety, incorrectness, irregularity, or arbitrariness is found in the order, and therefore, the revision petition is meritless. It is dismissed," the court said. PTI MNR RT RT