Allahabad HC Quashes Criminal Proceedings Against Rajyasabha MP Imran Pratapgarhi

The Allahabad HC on Tuesday quashed criminal proceedings against Rajyasabha MP Imran Pratapgarhi.

The bench of Justice Dinesh Kumar Singh was dealing with the petition filed under Section 482 Cr.P.C. with a prayer to quash the entire proceedings of the Criminal Case, cognizance order, as well as summoning order arising out of Case, registered under Sections 147, 353, 188, 171-H, 143 I.P.C and Section 127 of the Representation of the People Act, 1950.

In this case, the FIR was registered against Pratapgarhi under Sections 147, 353, 188, 171-H, 143 I.P.C. and Section 127 of the Representation of the People Act, 1950.

The allegations against the petitioner were that he violated the model code of conduct by obstructing the police work during the Lok Sabha elections in the year 2019.

Sri S.F.A. Naqvi, Senior Advocate for the petitioner submitted that the case is squarely covered by the judgment of Harvinder Singh @ Romi Sahni v. State of U.P. and Another and Brij Bhushan Sharan Singh v. State of U.P. and Another.

High Court after looking into the above two cases found 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.”

Join LAW TREND WhatsAPP Group for Legal News Updates-Click to Join

In view of the above, the bench allowed the petition and quashed the proceedings against the petitioner. 

Case Title: Mohd. Ahmad Khan @ Ahmad Khan And Another v. State Of U.P. And 2 Others

Bench: Justice Dinesh Kumar Singh

Case No.: APPLICATION U/S 482 No. – 36651 of 2022

Counsel for the petitioner: Shahabuddin and Syed Mohammad Nawaz

Related Articles

Latest Articles