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Additional Chief Metropolitan Magistrate Samar Vishal granted relief to the accused saying he was facing this case for about three years for the commission of act which is not even an offence.
“After hearing the prosecution and the defence and perusing the records of the case, I am of the view that on merits of the case, the accused deserves to be discharged,” the judge said.
In its order, the court noted there was no allegation that the accused had defaced an electricity pole by any act of writing on it.
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Sirsa had told the court that since the hoarding was affixed on the electricity pole and there was no defacement of the public property.
According to the FIR lodged in January 2015, the accused had put up an election hoarding in Rajouri Garden of west Delhi area asking for votes.
The FIR was lodged under section 3 of Delhi Prevention of Defacement of Property Act for allegedly defacing the property in public view by writing or marking with ink, chalk, paint or any other material.
If convicted, the accused could have been punished with a maximum of one-year imprisonment or a Rs 50,000 fine or both.