The Allahabad High Court recently quashed the non-bailable warrant (NBW) issued against former MP Jaya Prada by Additional District & Sessions Judge, Rampur in connection to a NCR registered against her for making derogatory remarks against her political opponents during the 2019 Lok Sabha elections.
Noting that the offences registered against her were non-cognizable, the single bench of Justice Om Prakash-VII observd,
"It is not disputed in the present matter that charge sheet was submitted under Section 171-G IPC. Schedule appended with the Cr.P.C. clearly reveals that offence is non cognizable. If such is the position cognizance on the charge sheet as State case could not be taken in the present matter. Trial Court ought to have proceeded with the case as complaint case."
Accordingly, the matter has been remanded back to the court below to pass afresh order in accordance with law.
A NCR was registered against Prada for making 'X-ray like eyes' remark against SP's Abdullah Azam Khan. The Investigating Officer concerned submitted charge sheet for the offence under Section 171-G IPC (False statement in connection with an election) following which the ASJ court in February, 2020 issued a NBW against her.
Prada had moved the High Court under Section 482 of CrPC seeking quashing of entire criminal proceedings as well as non-bailable warrant.
Her counsel Neeraj Srivastava had contended that as per the punishment provided for the offence under Section 171-G IPC and the nature of offence disclosed in the Schedule of the CrPC, the offence is non-cognizable and cognizance could not be taken directly as State case.
Giving partial relief in the matter, the High Court has asked the trial court to pass fresh orders.
Case Title: Jaya Prada Nahata v. State of UP & Anr.
Case No.: Application U/S 482 No. 11592/2020
Quorum: Justice Om Prakash-VII
Appearance: Advocate Neeraj Srivastava (for Petitioner);
Click Here To Download Order