A Delhi court ordered Aam Aadmi Party (AAP) leader Atishi Marlena on Monday to record pre-summoning evidence before it in the two voter ID case against Gautam Gambhir. Taking notice of the complaint, metropolitan magistrate Viplav Dabas ordered pre-summoning of evidence and records of the complainant Marlena.
The next date of hearing is on May 31st.
In the previous hearing, the court had reserved its order on the maintainability of pre-summoning of documents, evidence and records till May 13th in a case against cricketer turned politician, Gautam Gambhir for allegedly having two voter IDs. Dabas had, however, reiterated that court was unsatisfied with the locus standi of the complaint by Marlena. The magistrate had then ordered her to file more documents to prove her right to bring a case to the court.
An application under Section 155(2) of the Criminal Procedure Code, 1908, for police investigation was taken back by Marlena. Section 155(2) states: “No police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial."