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Allahabad High Court Quashes Criminal Proceedings Against Rajyasabha MP Imran Pratapgarhi In 2019 MCC Violation Case

Sparsh Upadhyay
25 Jan 2023 1:59 PM GMT
Allahabad High Court, Quashes, Criminal Proceedings, Rajyasabha Member parliament, Imran Pratapgarhi, 2019 Model Code of Conduct Violation Case, Mohd. Ahmad Khan @ Ahmad Khan And Another vs. State Of U.P. And 2 Others [APPLICATION U/S 482 No. - 36651 of 2022], Justice Dinesh Kumar Singh,
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The Allahabad High Court has quashed entire criminal proceedings against Rajyasabha MP and Congress leader pertaining to the 2019 Model Code of Conduct Violation case registered against him.

The bench of Justice Dinesh Kumar Singh quashed the entire proceedings of the case against Pratapgarhi and others, the cognizance order dated 02.07.2022 as well as the summoning order dated 10.10.2022 passed by Court of ACJM-04, District Moradabad.

The FIR against Pratapgarhi was registered under Sections 147, 353,188, 171-H, 143 I.P.C and Section 127 of the Representation of the People Act, 1950 for violating the model code of conduct, obstructing the police work during the Lok Sabha elections in the year 2019. It was also alleged that he campaigned by taking out a procession even after the election campaign was over.

To quash the proceedings, the bench took into account the submission of Senior Counsel SFA Naqvi who relied upon Allahabad HC's recent rulings in the cases of Harvinder Singh @ Romi Sahni Vs. State of U.P. and Another (Application u/s 482 No. 9190 of 2022) and Brij Bhushan Sharan Singh Vs. State of U.P. and Another (Application U/s 482 No. 3167 of 2022).

It was primarily submitted by Senior Counsel Naqvi that for violation of Section 188 IPC, only complaint u/s 190 CrPC can be registered as provided for u/s 195 Cr. P. C and since, in the instant case, an FIR had been registered by the police inspector for the said offence, thus, the Court could not have taken cognizance except upon the complaint of a public servant as provided u/s 195 CrPC.

It may be noted that in Brij Bhushan Sharan Singh (supra) case, the Allahabad HC had held that as per the provisions of Section 195 Cr.P.C., no cognizance could have been taken on the chargesheet submitted by the Investing Agency in F.I.R. under section 188 I.P.C.

In the Harvinder Singh (supra) case, the Court had observed that in respect of offences punishable under Sections 172 to 188 IPC or abetment, the Court can take cognizance only on a complaint in writing of the public servant concerned or some public servant to whom he administratively subordinate.

In view of the law laid down by the Allahabad HC, the Court quashed the entire proceedings and allowed the plea.

Appearances

Counsel for Applicant: Shahabuddin, Syed Mohammad Nawaz

Counsel for Opposite Party: G.A.

Cae title - Mohd. Ahmad Khan @ Ahmad Khan And Another vs. State Of U.P. And 2 Others [APPLICATION U/S 482 No. - 36651 of 2022]

Case Citation: 2023 LiveLaw (AB) 34

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