Ramesh Bidhuri was summoned in 2015 by a court in New Delhi in a case filed by Sameen Bhai alleging that the lawmaker, along with several others, broke into his house and assaulted him and his family members in 2010. (File photo)
A Delhi court has quashed the order summoning BJP lawmaker Ramesh Bidhuri as accused in an alleged assault case, saying there was an attempt to rope him in the case due to "political rivalry".
Additional Sessions Judge Ramesh Kumar allowed the plea of 54-year-old Bidhuri, also an ex-legislator, while observing that the complainant Sameen Bhai brought up his name due to political rivalry as he had lost to him in 2003 Delhi Assembly election.
Mr Bidhuri was summoned in 2015 by a court in New Delhi in a case filed by Mr Sameen alleging that the lawmaker, along with several others, broke into his house and assaulted him and his family members in 2010.
The sessions court said that Mr Sameen did not assign any specific role to Mr Bidhuri in his deposition and neither name him in the FIR, but just mentioned it in examination-in-chief.
"It may be mentioned that complainant, Sameen Bhai, had contested (Delhi Assembly) election against Bidhuri, for the post of MLA (in 2003). Thus, it is clear from the record file that Ramesh Bidhuri was known to the complainant.
"However, Bidhuri had not been named in the FIR. It casts a doubt regarding the involvement of Bidhuri, in the alleged offence. In fact, Bidhuri has been tried to be roped in the present case due to political rivalry," the judge said.
The court further said "thus, there was, prima facie, no material on the record file to summon him as accused under section 319 of CrPC."
Mr Bidhuri had filed a revision plea challenging the 2015 summoning order contending that his prosecution was an abuse of the process of law and testimony of the complainant was politically motivated. He contended that the trial court committed an error and failed to appreciate that no evidence was available on record.
According to prosecution, on the night of October 1, 2010 around 20-30 persons broke into the house of Sameen Bhai and damaged his property.
It was alleged in the FIR that the accused persons beat up his wife and three children and left the premises with cash and jewellery.
Later during deposition in the court, Mr Sameen mentioned the name of Mr Bidhuri along with eight others, alleging they also tried to rape his wife but have not been made accused in the case.
After his statement, the prosecutor moved an application for summoning Mr Bidhuri and others and the court issued summons to them.