The Delhi High Court has issued a notice to the Delhi Police on former MLA Alka Lamba’s plea to quash an FIR filed against her. The case pertains to a protest for women’s reservation in 2024. A lower court has already framed charges against her.
Delhi High Court on Wednesday issued notice to Delhi police on a plea moved by former MLA Alka Lamba seeking quashing of FIR against her.
This case pertains to a protest in favour of women’s reservation in 2024. The Rouse Avenue court had issued a summons to Alka Lamba after taking cognisance of the charge sheet.
Lower Court Proceedings
Justice Swarana Kanta Sharma on Wednesday issued notice on the plea and sought a response from the Delhi police. She is an accused in a case of alleged violation of the prohibitory order, deterring public servants from doing their duty, etc. Her revision against the framing of charges was rejected by the Rouse Avenue court on February 6.
Special Judge (MP-MLA) Dig Vinay Singh had dismissed the revision moved by Alka Lamba, terming the order of charges as appropriate. ” As there is no patent illegality, perversity or jurisdictional error in the impugned order, the present Revision Petition fails and is dismissed,” Special Judge Dig Vinay Singh said on February 6.
While dismissing the revision, the court had observed, ” In the considered opinion of this Court, the Trial Court has exercised its judicial mind to sift through the statements of eyewitnesses and the electronic evidence and has concluded that a prima facie case exists.” The standard for framing charges is not proof beyond a reasonable doubt but “sufficient ground for proceeding,” the court said.
The court has also opined that the arguments regarding the lack of independent witnesses, the absence of injuries, and the nature of dissent are defences to be established during the trial and cannot be prejudged.
Charges Formally Framed
On January 14, the Rouse Avenue court formally framed charges against Alka Lamba. An FIR was registered against her in Parliament Street Police Station in 2024. Additional Chief Judicial Magistrate (ACJM) Ashwani Panwar had formally framed charges against Alka Lamba. She denied the charges and claimed a trial.
Earlier, on December 19, the court had directed that the charges, and said, ” This court is of the considered opinion that there exists a prima facie case against the accused, namely, Alka Lamba, for the commission of offences punishable under Sections 132/221/223(a)/285 BNS.” “Accordingly, the charge is directed to be framed against the accused under the above-mentioned provisions,” the court had ordered. (ANI)
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