NEW DELHI :
A Delhi court on Monday court directed Aam Aadmi Party (AAP) leader Atishi Marlena to record pre-summoning evidence before it in the two voter ID case against Gautam Gambhir. Taking cognizance of the complaint, metropolitan magistrate Viplav Dabas ordered pre-summoning of evidences and records of the complainant Marlena. The next date of hearing is on May 31.
In the last hearing, the court had reserved its order on the maintainability of pre-summoning of documents, evidence and records till May 13 in a case against Gambhir for allegedly having his name registered in two assembly constituencies. Dabas had, however, however, reiterated that court was not satisfied with the locus standi of the complaint by 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An application under Section 155(2) of the Criminal Procedure Code, 1908, for police investigation was been withdrawn by Marlena.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."
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.