The Allahabad High Court has directed no coercive action against the independent candidate Chandra Mani Pandey alias Sudama ji and his two associates in the 2019 Lok Sabha elections under the FIR registered by toll worker Kuldeep Verma on charges of assault and vandalism and sought response from the state government in six weeks.
A Single Bench of Justice Vivek Varma passed this order while hearing an application under section 482 filed by Chandra Mani Pandey and 2 Others.
The application under Section 482 Cr.P.C has been filed with the prayer to quash the charge-sheet dated 23.07.2019 as well as cognizance and summoning order dated 05.08.2021 passed in Criminal Case under Sections 323, 504, 427, 452 I.P.C and 186 National Highways Act, Police Station Chhawani, District Basti pending in the Court of the IIIrd Additional Chief Judicial Magistrate, Basti.
It is submitted that though the charge sheet upon conducting the investigation against the applicants has been submitted under Sections 323, 504, 427, 452, 188 I.P.C and 8A National Highways Act, 1956, yet the Magistrate has summoned the applicants under Sections 323, 504, 427, 452 I.P.C and 186 National Highways Act.
Counsel for the applicants has placed reliance upon a judgment of the Supreme Court in the case of State of Gujarat v Girish Radhakrishnan Varde, (2014) 3 SCC 659, and judgment of the Court in Application U/S 482 No 15933 of 2022 (Shamshad Ahmad Siddiqui @ Rikki and others v State of U.P and another), decided on 28.06.2022.
He submitted that the Magistrate cannot add or subtract any offence other than the offence for which charge-sheet has been filed at the time of taking cognizance.
The Court observed that the matter requires consideration.
The Court granted six weeks’ time to file counter affidavit for the respondents and two weeks time to file Rejoinder affidavit.
“Till the next date of listing no coercive action shall be taken against the applicants in the aforesaid case”, the Court ordered.
The Court has fixed the next hearing of the petition on August 03, 2023.