Delhi Court Refuses to Take Cognisance of Chargesheet Against Udit Raj in Protest Case
New Delhi: A Delhi court on Thursday refused to take cognisance of a chargesheet against Congress functionary Udit Raj in a case of allegedly disobeying a
Delhi Police
prohibitory order while holding a protest at the house of former chief minister Arvind Kejriwal earlier this year.
The court of additional chief judicial magistrate Neha Mittal said there was nothing on record to show that the accused had knowledge of the order. "It is also pertinent to note that there is no evidence on record regarding the identity of the accused. Despite the fact that the incident in question was videographed by the police officials, the accused cannot be seen in the entire video," it added.
Raj, along with a few others, staged a protest near Kejriwal's residence on Jan 20, demanding a monthly salary for Buddhist monks and priests of Guru Ravidas and Valmiki temples.
According to police, Raj's protest caused traffic congestion and inconvenience to commuters. Police claimed that the protesters were informed about the prohibitory order and the imposition of the Model Code of Conduct through loudspeaker announcements. However, the court found these claims unsubstantiated.
The court also said that no police officer was specifically named in the chargesheet as having made such an announcement, nor were their statements recorded under Section 180 BNS. "In view of the above discussion, this court is of the considered opinion that there does not exist sufficient ground for taking cognisance of the offence punishable under Section 223 BNS. No other offence appears to be made out from the chargesheet.
Accordingly, cognisance in the present case is declined," the judge concluded.
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