Wednesday, February 5, 2025

Court summons accused Arvind Kejriwal as accused under IPC 174

Date:

Highlights:

Disrespecting ED’s summons proved costly .

Kejriwal may face jail for one month .

If court summons is disobeyed then there will be 6 months jail .

ED has filed a new case against Kejriwal under IPC 174 in Delhi Court .

In the case of instigating Arvind Kejriwal to commit the crime of IPC 174 or being involved in a conspiracy, Atishi Marlena can be made an accused under sections 109 , 120 (B) of the IPC , such information was given by the National President of the Indian Bar Association, Adv. Nilesh Ojha gave it. 

This news was not allowed to be published properly by Arvind Kejriwal by managing the media.

Only such news is being circulated that Arvind Kejriwal has been issued summons to appear but the court has issued summons to him as an accused under IPC 174, this news has been suppressed.

New Delhi: Despite repeated summons being sent by ‘ED’, due to fear of his lie being exposed and arrest, Arvind Kejriwal was avoiding appearing before ED by making some excuse or the other and was misleading by only writing letters .

On feb 7,  the Rouse Avenue Court issued a non- compliance notice to Delhi Chief Minister Arvind Kejriwal on a plea filed by the Enforcement Directorate (ED). Delhi CM has been received four summons by ED to probe in Liquor scam case so far but the chief minister has not appeared a single time. Additional Chief Metropolitan Magistrate(ACMM), Divya Malhotra, has ordered CM Arvind Kejriwal to appear before the court on Feb 17. 

The complaint against Delhi CM is filed under section 200 of the code of Criminal procedure, 1973 (Cr.P.C). “I shall decide whether there is sufficient material for taking cognizance of the offense under section 174 of the Indian Penal Court, 1860”, ruled Magistrate Divya Malhotra. Section 174 of IPC makes non-compliance to an order from a public servant or public institution a punishable offense.

The complaint against Delhi CM is filed under section 200 of the code of Criminal procedure, 1973 (Cr.P.C). “I shall decide whether there is sufficient material for taking cognizance of the offense under section 174 of the Indian Penal Court, 1860”, ruled Magistrate Divya Malhotra. Section 174 of IPC makes non-compliance to an order from a public servant or public institution a punishable offense.

Excerpt from the Judgement of Rouse Avenue Court on CM Arvind Kejriwal.

Delhi CM Arvind Kejriwal and his government has been accused of alleged irregularities in the funds of new liquor policy proposed by the AAP government in 2021-22. Since then CBI and ED are investigating the case and have arrested several ministers of the AAP government including Manish Sisodia and Sanjay Singh. 

There is a provision of 1 month imprisonment in IPC 174 against those who disobey ED summons . As per legal provision, ED has registered two cases against Arvind Kejriwal in Delhi court .

In one case, the judge has prima facie found Arvind Kejriwal guilty under IPC 174 and issued summons to the accused under section 204 of CrPC .

There is a clear provision in Section 63 (4) of ED’s PMLA Act that action will be taken against the person disrespecting the summons of ‘ED’ under IPC 174, in which there is a provision of one month’s punishment .

According to the rules, Arvind Kejriwal should have either got the ED summons declared illegal by filing a petition in the High Court or got it rejected as some of the accused have done. Either he should have appeared before the ED but he and his spokesperson Atishi Marlena themselves became judges and decided that the summons were illegal and he did not appear before the ED .

In view of his illegal behavior, the court has made him an accused under IPC 174 and issued summons. Now Kejriwal’s problems have increased a lot.

In the case of instigating Arvind Kejriwal to commit the crime of IPC 174 or being involved in a conspiracy, Atishi Marlena can be made an accused under sections 109 , 120 (B) of the IPC , such information was given by the National President of the Indian Bar Association, Adv. Nilesh Ojha gave it. 

The pointless thing is that Arvind Kejriwal managed the media and did not allow this news to be published properly. Only such news is being circulated that Arvind Kejriwal has been issued summons to appear but the court has issued summons to him as an accused under IPC 174, this news has been suppressed.

Get a copy of the order of Delhi Court issuing summons to Kejriwal , accused under IPC 174. [ https://drive.google.com/file/d/1YcDY3ircEeEsYcz2TlDT0-UxRUWbwmmw/view?usp=sharing ]

Source: SC News, News Drum-Image, Newsgram

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