The Delhi Police has moved a court here seeking withdrawal of prosecution against Chief Minister Sheila Dikshit for allegedly violating election code during the 2008 assembly polls here.
The police, in an application filed before Additional Chief Metropolitan Magistrate (ACMM) Amit Bansal, said it was seeking withdrawal of the case filed against Dikshit by then Samajwadi Party candidate Om Prakash for allegedly using loud speaker during election campaign without permission.
"Accused (Dikshit) has been booked and challaned for violations of section 112 of the Delhi Police Act as well. However, a bare perusal of the same makes it clear that the said section is not attracted to the facts of this case at all and thus it is clear that accused has been challaned under wrong penal section," the police said.
Om Prakash had lodged a complaint against Dikshit to the Chief Election Commissioner in November 2008 alleging that she was using a handheld loud hailer for addressing the public in contravention of election rules in the assembly constituency under the jurisdiction of Mandir Marg police station.
The case against Dikshit was registered after the police found that she was using handheld loud hailer during a 'padyatra' without prior permission from competent authorities.
The police, in its application, said that its records do not reflect that any loud speaker or handheld hailer was seized during the investigation.
The court has taken the application on record and fixed the matter for February 15.
The police said its records do not suggest whether the Election Commission had taken any action in this case as it pertains to violation of model code of conduct of election.
"The 'Kalandra' (record) does not state at all as to what were the findings of the Election Commission on the complaint since the alleged act was also violation of the model code of conduct of election and the election commission is not paper tiger.
"It can or could have take all the required steps or decision to make level playing and to ensure that offender, if any, must not be let off and face the consequences," it said.
The application, filed by public prosecutor Ravinder Bhati, further said the police have been seeking withdrawal of the case without any pressure from outside.
"The prosecutor opined the case as fit for withdrawal in view of facts and law submitted and has never been guided or driven or pressurised by any ulterior motive, extraneous considerations and pressure from outside," the application said.
It said that the agency had also taken the approval of the Lieutenant Governor of Delhi on this issue.