Court reserves order in case against Dikshit (Lead)

April 9th, 2012 - 9:15 pm ICT by IANS  

Bharatiya Janata Party New Delhi, April 9 (IANS) A Delhi court Monday reserved its order on the application for withdrawing a case against Delhi Chief Minister Sheila Dikshit for alleged violation of the electoral code of conduct in 2008.

Metropolitan Magistrate Vijeta Singh reserved order for April 19 on the Delhi Police plea seeking withdrawal of the case against Dikshit. The court on that day will also decide whether to accept an intervening application filed by Bharatiya Janata Party (BJP) leader Vijay Jolly.

Jolly, who contested against Dikshit from the Gole Market constituency in the 2008 assembly elections, opposed withdrawal of the case against her by police.

“Prima facie, in view of the submissions made on behalf of the state, the court is satisfied with the maintainability of application under section 321 (withdrawal from prosecution) of the CrPC. The view, however, is only prima facie… list for orders on April 19,” said Magistrate Singh.

On Feb 6, police moved an application for withdrawing the case, saying that no loudspeakers or accessories were seized during investigations.

The court was hearing a complaint by Samajwadi Party candidate Om Prakash alleging that Dikshit violated the election code by using loudspeakers without permission during the poll campaign in November 2008.

Prosecution counsel told the court that according to law, they are empowered to move application for withdrawal of case.

Meanwhile, opposing the prosecution plea, Jolly’s counsel Anil Soni said: “If this case will be withdrawn then model code of conduct will be violated in the upcoming Municipal Corporation of Delhi polls (MCD).”

Soni added that withdrawal of the case will give a wrong message to the public and political parties, including Congress and the BJP.

Meanwhile, the public prosecutor alleged that application opposing the police’s plea was moved to influence the April 15 MCD election.

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