Saturday, November 26, 2022
154,225FansLike
654,155FollowersFollow
0SubscribersSubscribe

Allahabad HC quashes criminal case against MP Brij Bhushan Sharan Singh

Want create site? Find Free WordPress Themes and plugins.

The Lucknow Bench of the Allahabad High Court has quashed the criminal case registered against BJP MP Brij Bhushan Sharan Singh for violating the orders of the local administration.

A single bench of Justice Dinesh Kumar Singh passed this order while hearing an application under Section 482 CrPC filed by Brij Bhushan Sharan Singh.

The petition sought the quashing of the chargesheet dated 08-10-2014 submitted by the police against the petitioner for the offences under Section 188 IPC relating to Case Crime, Police Station Ram Janm Bhumi, district Faizabad as well as summoning order dated 11-06- 2015 passed in State vs Brij Bhushan Singh including further proceedings pending before Additional Chief Judicial Magistrate-I, Faizabad.

Janardan Singh, the counsel for the petitioner, submitted that under Section 195 CrPC, there is a bar for taking cognizance for the offence under Section 188 IPC except on a complaint made by a public servant.

He has further submitted that neither any FIR could have been registered for the offence under Section 188 IPC nor any chargesheet could have been filed.

It has further been submitted by the counsel for the petitioner that order of taking cognizance and initiating further proceedings are against the express provisions of Section 195 CrPC, therefore, they are void ab-initio.

The counsel for the petitioner said the lodging of the FIR and filing of the chargesheet and taking cognizance on the said chargesheet are wholly illegal and against the bar created under Section 195 CrPC.

AGA Rao Narendra Singh did not dispute the fact that there is a bar created under Section 195 CrPC.

“Considering the aforesaid position and taking into consideration the provisions of Section 195 CrPC, the court is of the view that no cognizance could have been taken on the charge sheet submitted by the Investing Agency in FIR under section 188 IPC. Thus, it is held that the impugned proceedings are void ab-initio inasmuch as they are against the provisions of section 195 CrPC,” the Court observed while allowing the petition.

“The chargesheet dated 08-10-2014 submitted by the police against the petitioner for the offences under Section 188 IPC relating to Case Police Station Ram Janm Bhumi, district Faizabad as well as summoning order dated 11-06-2015 passed Case State Versus Brij Bhushan Singh including further proceedings pending before Additional Chief Judicial Magistrate I, Faizabad are hereby quashed,” the Court ordered.

Did you find apk for android? You can find new Free Android Games and apps.
spot_img

News Update