HC dismisses plea against Congress MLA

New Delhi, Jan 18 (PTI) The Delhi High Court has rejecteda plea to invoke an additional charge of cheating against aCongress MLA summoned by a magistrate to stand trial forconcealing in his affidavit to the returning officer in the2008 assembly polls that he was facing proceedings in adefamation case.

The high court dismissed the plea against BallimaranMLA Haroon Yusuf saying no victim of the alleged cheating hascome forward to depose that he had cast his vote in favour ofthe legislator on the basis of the affidavit.

"In order to attract Section 420 (cheating) IPC, it isnecessary that there should be a victim of cheating who hasbeen fraudulently or dishonestly induced to deliver anyproperty," Justice Shiv Narayan Dhingra said.

"In the absence of a victim of the cheating, who hasbeen dishonestly induced to cast the vote or to deliver anyother property or valuable security, summoning under section415/420 (offence of cheating) of the IPC could not have beendone by the trial court," the court reasoned in his order.

The court dismissed the petition of Naved Yar Khan,contending that the lower court, which had summoned the MLAfor filing the wrong affidavit, has erred in not invoking thecharges of cheating against him as well. (more) PTI SJK RAX