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Delhi

Court rejects complaint against AAP lawmaker Akhilesh Tripathi

A criminal complaint filed against Aam Aadmi Party (AAP) MLA Akhilesh Tripathi for allegedly using his influence over Public Works Department (PWD) officials to allow illegal use of a government flat has been dismissed by a Delhi court, which said it could not proceed against the legislator without a valid sanction.

The court said when there was no previous sanction, the magistrate could not order a probe against a public servant by invoking Section 156(3) (police officer’s power to investigate cognizable case) of the CrPC in a complaint filed against him.

“Thus, the contention of counsel for complainant that at the stage of exercise of power under Section 156(3) of the CrPC, sanction was not required is without merit. Thus, once there is no previous sanction, a magistrate cannot order investigation by invoking power under Section 156(3) CrPC,” special CBI judge Poonam Chaudhry said.

The court dismissed the complaint filed against three persons, Tripathi, a woman government employee, who was allotted the flat in Gulabi Bagh here, and a woman, who was occupying the flat.

It said the allegation against the MLA was under the provision of Prevention of Corruption Act and sanction under the law was mandatory for proceeding against him. “The requirement of law for a valid sanction for proceeding against public servant is mandatory,” it said.
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