NEW DELHI :
A Delhi court on Monday reserved its order on the maintainability of pre-summoning of documents, evidence and records till May 13 in a case against Gautam Gambhir for allegedly having his name registered in two assembly constituencies.
Metropolitan Magistrate Viplav Dabas, however, reiterated that court was still not satisfied with the locus standi of the complaint by East Delhi’s Aam Aadmi Party (AAP) candidate Atishi Marlena. The magistrate had directed the AAP candidate to file more documents to prove her right to bring a case to the court.
An application under Section 155(2) of the Criminal Procedure Code, 1908, for police investigation has been withdrawn by Marlena. Section 155(2) states: “No police officer shall investigate a non-cognizable case without the order of a magistrate having power to try such case or commit the case for trial."
On the last date of hearing, the court was not satisfied with the complainant as no documents were attached to prove the charge. The court had not taken cognizance of the complaint then and asked the complainant to complete the documents.
Elections in Delhi are scheduled for May 12.