Allahabad HC stays criminal proceedings against Jayant Chaudhary

Prayagraj (UP), Jan 9 The Allahabad High Court has stayed criminal proceedings of a Gautam Buddha Nagar court against Rashtriya Lok Dal chief and Rajya Sabha MP Jayant Chaudhary, alleging that he violated model code of conduct and Covid norms during UP assembly election in 2022.

The matter pertained to Dadri police station of Greater Noida.

Hearing an application filed by Jayant Chaudhary under Section 482 (inherent powers of high court), Justice Sanjay Kumar Singh also directed state government’s counsel to file reply within four weeks and the applicant’s counsel was given two weeks’ time to file rejoinder affidavit thereafter.

The court directed to list this case for the next hearing after six weeks.

In the present petition, an FIR was lodged against former UP chief minister Akhilesh Yadav, Jayant Chaudhari and others with the Dadri police station in Greater Noida in 2022 under sections 188 (any deliberate disobedience of an order duly promulgated by a public servant), 269 (negligent act likely to spread infection), 270 (act likely to spread infection of disease dangerous to life) of the Indian Penal Code and Epidemic Diseases Act, alleging that they violated model code of conduct and Covid norms in 2022.

Subsequently, the charge sheet was filed against them on October 12, 2022.

Appearing for the applicant, his counsel Imran Ullah contended that applicant (Jayant) was accompanying Akhilesh against whom the entire criminal proceedings has already been stayed by a co-ordinate bench of this court. Besides, his role is limited one, as he was only present in the bus, which was carrying Akhilesh.

He further contended that in such type of cases relating to violation of guidelines, the complaint can only be filed by the person whose order has been violated. In this case, it was not done and directly an FIR was lodged. Lastly, he contended that the all witnesses in this case are policemen whose statements are same, hence cannot be relied upon.

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