Delhi Court discharges BJP MP Yogendra Chandolia in 2020 traffic cop assault case

New Delhi [India], May 16 : The Rouse Avenue Court discharged BJP MP Yogendra Chandolia in a 2020 criminal case. The case involved allegations of obstructing a public servant, using criminal force to deter him from his duty, and wrongful restraint.

Additional Chief Judicial Magistrate (ACJM) Neha Mittal issued the discharge order on Friday, May 15. The decision hinged on a legal precedent establishing that the court cannot selectively split offences within a single case.

"Keeping in view the ratio laid down in Devendra Kumar's judgment, this Court cannot split the offences and proceed against the accused for the offences punishable under section 341, 353, 356, 34 IPC while at the same time, discharging him under section 186 IPC," ACJM Mittal ruled. "Accordingly, he is discharged from the present case."

This ruling comes as a major relief for Chandolia, who had moved to challenge a previous trial court decision that ordered the framing of these charges against him.

The matter dates back to October 7, 2020, in the Tank Road area of Karol Bagh, long before Chandolia became a Member of Parliament.

According to the FIR filed at the Prasad Nagar Police Station by Traffic Head Constable Raj Kumar, the complainant was on duty with a crane removing improperly parked vehicles when he ordered an incorrectly parked scooter to be moved.

After the scooter rider left, Chandolia allegedly blocked the crane's path, confronted the officer, and began shouting and instigating a gathered crowd.

The cop claimed that when he tried to record the confrontation, Chandolia attempted to pull him down from the crane and snatch his phone. The phone was handed to a crane labourer named Beera, but was ultimately snatched away by an unidentified associate of the accused.

Chandolia, a sitting Member of Parliament, challenged the framing of criminal charges against him. He had challenged the Order of 03.05.2025, which ordered the framing of charges under sections 353, 356, 341, and 34 of the Indian Penal Code, linked with an incident of 07.10.2020, and sought to be set aside.

It was submitted by the counsel representing Chandolia that the charges are neither legally nor factually sustainable, arguing that the Trial Court made an error by mechanically accepting the prosecution's allegations.

Representing the BJP MP, Chandolia's counsel argued that the prosecution's allegations were both factually and legally unsustainable.

The defence highlighted critical gaps in the investigation, noting the complete absence of independent eyewitness testimonies, lack of supporting CCTV footage from the scene and no medical evidence or injury reports to substantiate claims of physical force, with allegations that the case was a politically motivated attempt to harass a public representative.

While a revision court had previously dismissed these arguments in October 2025, stating that the absence of medical evidence or CCTV footage was not enough to dismiss the charges at that stage, the fresh high court intervention and subsequent evaluation led ACJM Mittal to conclude that no charges could legally be framed against the MP.

While dismissing the revision, the court said that the mere absence of medical evidence of the complainant cannot be a reason to dismiss Section 353 (assaulting a public servant or using criminal force against him) IPC.

The court rejected the other contention and said, "The argument of independent corroboration from independent witnesses cannot assist the revisionist at this stage."

"Similarly, the argument of non-collection of CCTV footage, or absence of injury and the medical report of the complainant, does not help," the court said in the order.

The FIR in question was registered on 08.10.2020, regarding an incident of 07.10.2020, at Police Station Prasad Nagar under sections 186, 353, 356, 341, and 34 IPC, based on a complaint by Head Constable Raj Kumar.

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