Court rejects complaint against AAP MLA Tripathi

NEW DELHI: A criminal complaint filed against AAP MLA Akhilesh Tripathi — for allegedly using his influence over PWD officials to allow illegal use of a government

NEW DELHI: A criminal complaint filed against AAP MLA Akhilesh Tripathi — for allegedly using his influence over PWD officials to allow illegal use of a government flat — has been dismissed by a Delhi court which said it cannot proceed against the legislator without a valid sanction.

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The court said when there is no previous sanction, the magistrate cannot order 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 Tripathi.

“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.