Delhi HC stays trial court proceeding against AAP MLA under SC-ST Act

New Delhi [India], June 1: The Delhi High Court has stayed the trial court proceeding against Virender Singh Kadiyan, Aam Aadmi Party (AAP) MLA under Scheduled Caste-Scheduled Tribe Act. He is an MLA from Delhi Cantonment.
Kadiyan has approached the High Court seeking quashing of the FIR, charge sheet and setting aside the proceedings related to the matter.
Justice Dinesh Kumar Sharma on Wednesday stayed the trial proceedings before a special MP-MLA Judge at the Rouse Avenue Court.
The court also issued notice to the Delhi Police and the complainant. The matter has been listed on December 11, 2023 for further hearing.
The petitioner challenged the order of May 12, 2023, whereby the charges have been framed
against the present petition under Section 341 read with Section 34 Indian Penal Code (IPC) and 506(2) IPC and 3(1)r and 3(1)s of the SC-ST Act.
Senior advocate R. Balasubarmanium, counsel for the petitioner submitted that the order of charge is directly in the teeth of the latest judgment of
the Supreme Court, Ramesh Chandra Vaishya Vs. State of Utter Pradesh.
An FIR under sections of the SC-ST Act was registered against Kadiyan and other persons in police Station Tilak Marg last year.
Kadiyan has moved a petition through advocate Vaibhav Trivedi challenging the FIR, Charge sheet and proceedings emanating out of the FIR.
He has also challenged the Charges framed against him in the matter. However, has submitted that no case is made out against him.
It is stated that the complainant in the present case Neeraj Nirwal was earlier a political worker of the AAP Party, then NCP and now a worker of the BJP. He had earlier worked as PA of Ex- MLA Delhi Cantt Surender Singh Commando.
The petition stated that a complaint on 24.5.2022 against Neeraj Nirwal and two other persons namely Lalit Tiwari(DDW) and Yatesh Kumar (HFP) was filed by four civil defence volunteers namely Rinku Meena, Anita Sarkar, Ajay Kumar and Daya Chand Meena on the allegation of taking bribe from them for their deployment as Civil Defence Volunteers.
The inquiry proceeding into the said complaint was being conducted by the Court of Ld. SDM Delhi Cantt and notices were issued to complainant Neeraj Nirwal, Lalit Tiwari and Yatesh Kumar and other concerned persons, it added.
This has irked the complainant as well as other persons against whom said an inquiry was going on before SDM Delhi Cantt. These persons namely Neeraj Nirwal, Lalit Tiwari and Yatesh Kumar started having enmity and grudge against the aforesaid four members of civil defence volunteers as well as against the present petitioner on misconceived notion that the said complaint of bribery against them had been filed on the instance of the present petitioner, the plea said.
"These persons along with other political persons having a rivalry with the petitioner hatched a criminal conspiracy to frame the petitioner and his associates and family members in false cases of SC/ST Act", it added.