A man, accused of obstructing a commissioner from discharging his duties here in 1998, has been acquitted by a Delhi court due to lack of properly drafted and legally presentable complaint against him.
"This court finds merit in the contention raised by counsel for the accused that he could not be prosecuted for the offence under section 186 IPC (obstructing public servant from discharging his duty) for want of properly drafted and legally presented complaint," Additional Sessions Judge (ASJ) Narinder Kumar said.
The order came on an appeal filed by Shambhu Nath Shukla against the verdict of a magisterial court sentencing him to jail for three months and a fine of Rs 500 after convicting him for the offence punishable under section 186 of the IPC.
"As a result, appeal is allowed and judgement of conviction and sentence recorded by Metropolitan Magistrate is hereby set aside," the judge said.
A case was registered against Shukla by the police on May 13, 1998 on a complaint by Commissioner Workman Compensation who was holding his office at the Tis Hazari district courts here.
In the complaint, it was alleged by the commissioner that on May 13 at about 3.35 PM, Shukla had entered into his room in a drunken condition while he was holding his court.
The commissioner alleged that the accused started hurling abuses and started shouting and when the advocates present in the courtroom tried to pacify him, he manhandled them as well after which police was informed and the accused was taken away.
During the adjudication of the case before magisterial court, Shukla had claimed that he was falsely implicated at the instance of the commissioner as he had made several oral complaints to the Labour Commissioner against him.
