Wednesday, February 9 2005 19:50 Hrs (IST) - World Time -

New Delhi: Twelve years after Renuka Choudhary allegedly beat up a police personnel for stopping her while she was going through the route in New Delhi on which the Prime Minster was about to pass, a Delhi court today (Feb 9, 2005) ordered framing of charges against the Union Minister.

Metropolitan Magistrate Sidharth Sharma fixed March 15 for framing of charges against accused Choudhary and asked her to appear before him on that day.

"Considering the arguments, I am of the opinion that at this stage, a prima facie case under Sections 332 (voluntarily causing hurt to deter public servant from his duty) and 353 (assault or criminal force to deter public servant from discharge of his duty) of IPC is made out against accused Renuka Choudhary," the Magistrate said.

On January 20, 1993 at about 19:50 hours (IST), Assistant Sub Inspector Suraj Mal, posted on the route at Kautilya Marg near Teen Murti in New Delhi on which the Prime Minister was to pass, had detained Choudhary's car, police said.

Choudhary then got down from the car, quarrelled with Head Constable Janki Ram, also on duty, and abused him besides giving him fist blows and kicks and thereby obstructing him from performing his duty, they alleged.

Pointing out that the court had taken cognisance of the matter only on July 24, 2000, defence counsel contended that since the maximum punishment for the offence was three years imprisonment, the court could not have taken cognisance after three years from the date of the alleged incident.

The Magistrate said his predecessor had refused to accept the chargesheet filed by the police on May 29, 1993 reasoning that it was filed without arresting accused Choudhary.

The State then filed a revision petition against that order and an Additional Sessions Judge (ASJ) directed that Magistrate to accept the chargesheet as there was no provision in CrPC wherein the Magistrate could have forced the police to arrest the accused before filing the chargesheet.

The court thereafter took cognisance of the offence when the chargesheet was filed on July 24, 2000.

Metropolitan Magistrate Sidharth Sharma today said "the prosecution had been vigilant all throughout" and it had filed the chargesheet four months after the alleged incident and therefore "it is clear that the police had filed the chargesheet within the period of limitation".

The Magistrate said the prosecution was not at fault as the delay was caused by the Magistrate and since it was set aside by the ASJ the delay period shall be excluded.