The Lucknow Bench of the Allahabad High Court recently comprising of a bench of Justice Dinesh Kumar Singh has given a big relief to the Delhi Chief Minister Arvind Kejriwal by putting a stay on the proceedings of the ongoing criminal case against him in Sultanpur till the next date. (Arvind Kejriwal vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another)
Facts of the case
Petitioner is National Convener of Aam Admi Party (AAP) and currently holding the post of Chief Ministership of NCT of Delhi.
This
was the second petition under Section 482 Cr.P.C., which was filed
impugning the order passed by the learned Special Judge (MP/MLA
Court)/Additional Sessions Judge, Court No.9, Sultapnpur in case arising
under Sections 143, 186, 188, 341, 353 and 171-G IPC, Police station
Gauriganj, District Amethi, whereby the learned trial court has framed
charges against the petitioner.
Earlier, the petitioner had approached this Court in a petition under Section 482 Cr.P.C. challenging the order passed by the learned Additional Chief Judicial Magistrate-VI, Court No.22, Sultanpur, whereby the petitioner's request for exemption was rejected and cognizance was taken on 13.4.2016 and he was summoned to face the trial. This Court, however, dismissed the said petition vide judgement and order dated 21.10.2016.
The petitioner had challenged the said judgement and order dated 21.10.2016 passed by this Court before the Supreme court in Special Leave to Appeal (Criminal) No.8382 of 2016. The Supreme Court vide order dated 27.10.2016 had issued notices and exempted the appearance of the petitioner to the trial court until further orders.
Contention of the Parties
The learned Senior Counsel for the petitioner submitted that the said Special Leave to Appeal (Criminal) is still pending and if the trial is allowed to proceed and in the eventuality the Special Leave to Appeal being allowed, then the whole proceedings would be a futile exercise.
Courts Observation and order
The bench taking note of the contention of the Parties listed the petition to be heard on 13.1.2023.
The bench noted, "Considering the aforesaid submissions, this Court is of the view that it would be appropriate to pass an interim order keeping the proceedings of Special Case No.600 of 2019, arising out of Crime No.367 of 2014, under Sections 143, 186, 188, 341, 353 and 171-G IPC, Police station Gauriganj, District Amethi, pending before the learned Special Judge (MP/MLA Court)/Additional Sessions Judge, Court No.9, Sultapnpur, in abeyance till the next date of listing of this petition."
Read Judgment'
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
0 Comments