Molestation case against AAP's Vishwas: Delhi HC seeks response of woman, police on plea to quash FIR

New Delhi: The Delhi High Court on Tuesday sought the response of Delhi Police and a woman volunteer of Aam Aadmi Party (AAP) on a plea filed by its leader Kumar Vishwas seeking quashing of an FIR lodged against him for alleged offence of sexual harrasment.

Justice Sunita Gupta issued notice for 21 July to the police and the woman volunteer on whose complaint a
magisterial court had on March 16 ordered registration of the FIR against Vishwas in the matter.

Molestation case against AAPs Vishwas: Delhi HC seeks response of woman, police on plea to quash FIR

Kumar Vishwas. AFP

The FIR for alleged offences under sections 354 A (sexual harassment) and 509 (word, gesture or act intended to insult modesty of a woman) of IPC was registered against Vishwas at Sarojini Nagar Police Station here in pursuance to the direction of the magisterial court.

In its order, the magistrate had observed that the accused had made "sexually coloured" remarks and made advances towards the complainant which required police probe.

During the hearing on Tuesday, senior advocate H S Phoolka, appearing for Vishwas, claimed that allegations levelled against his client were false and the complainant woman had regularly made incorrect accusations against the AAP leader.

Phoolka said that police has initially probed the matter but they had not found any cognisable offence against Vishwas.

"The complainant (woman) has regularly stated against me in the media. She has filed a number of complaints against me. The order passed by the trial court is wrong," he said while seeking quashing of the FIR.

Phoolka also claimed that there were contradictions in the statement of the complainant and she had taken Vishwas' name only in August 2015.

Advocate CL Gupta, also appearing for Vishwas, claimed that allegations against his client were false and motivated.

The counsel for the police said that they had filed a status report before the magisterial court and that no
cognisable offence was made out against Vishwas.

Police had on 17 March informed the magistrate that an FIR has been lodged on a complaint against Vishwas in the matter.

In the FIR, the complainant has accused Vishwas of making sexually coloured remarks towards her, alleging that he was "trying to exploit" her "physically" and had made advances towards her several times before in 2014 and 2015.

The woman had earlier claimed that she had approached the police but no action was taken against the leader.

In its status report filed before the trial court earlier, the police had said that during its probe, nothing was found to substantiate the allegations levelled by the woman against Vishwas to register any criminal case against him.


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Updated Date: Mar 22, 2016 16:59:20 IST

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