BJP MP Nishikant Dubey and his wife Anamika Gautam were on Sunday booked by the Delhi Police on a court direction after the duo allegedly demanded Rs two crore from a person for Lok Sabha campaigning.
The case was registered on the direction of Metropolitan Magistrate Dheeraj Mittal. The Magistrate on April 3 directed SHO of Tuglak Road police station here to "register an FIR and investigate the matter, as per law".
The court, however, made it clear that registration of an FIR, "does not imply that the police will immediately arrest the accused persons".
When contacted, Deputy Commissioner of Police (New Delhi) SBS Tyagi, confirmed the development.
"An FIR has been registered after a court order in this case. We have to verify the allegations made in this matter from the complainant," Tyagi said.
The Magistrate ordered registration of case while hearing a petition filed by Delhi-based Sandeep Sharma, under Section 156(3) of Criminal Procedure Code (CrPC).
Sharma had alleged that the BJP'S Nishikant, a Lok Sabha MP from Godda constituency of Jharkhand and his wife Anamika had on November 19, 2013 forcibly entered his house at Golf links here and threatened him to hand over Rs two crore for Nishikant's "political ambitions".
Sharma in his complaint had said that Nishikant and his wife had also caused injuries to him "by slaps and blows".
He had sought registration of FIR against the two under the various sections of IPC, including voluntarily causing hurt, extortion by putting a person in fear of death, criminal breach of trust, cheating, house-trespass and criminal conspiracy besides others.
In case a complainant feels aggrieved when the police turn him away without registering FIR against those who subjected him to a cognizable offence, he has the right to approach a Magistrate under Section 156(3) of CrPC, to get an order for registration of his FIR and investigation by police.
The court also said that the copy of the order be sent to SHO of Tuglak Road police station for its compliance.
The court listed the matter for April 17, while directing police to file "compliance report".
"I have considered the submissions made by the counsel for the complainants (Sharma) and perused the record. From the perusal of the complaint, prima facie commission of cognizable offence is made out... "Considering these facts and the aforesaid judgement of the Supreme Court, the SHO, PS Tuglak Road is directed to register an FIR and investigate the matter, as per law. It is made clear that the order for directing registration of FIR does not imply that the police will immediately arrest the alleged accused persons," the court had said in its 2-page order.
It had further said that "the police will investigate the matter to ascertain whether there is actual commission of any offence or not and will arrest the accused only if the circumstances so warrant".
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