The Allahabad High Court has quashed the summoning order issued against Rajya Sabha MP Imran Pratapgarhi in a case of violation of the Model Code of Conduct.
A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing an application under section 482 filed by Mohd Ahmad Khan @ Ahmad Khan and Another.
The petition under Section 482 CrPC has been filed with a prayer to quash entire proceedings of criminal case, cognizance order dated 02.07.2022 as well as summoning order dated 10.10.2022 pursuant to charge-sheet dated 02.03.2020, arising out of case under Sections 147, 353,188, 171-H, 143 IPC and Section 127 of the Representation of the People Act, 1950, Police Station Galshahid, District Moradabad, pending in the Court of the ACJM-04, District Moradabad.
S.F.A Naqvi, Senior Advocate assisted by Mohammad Nawaz, counsel for the petitioners, submitted that the case is squarely covered by the judgment of the Court dated December 13, 2022 passed in Application U/s 482 No 9190 of 2022 (Harvinder Singh @ Romi Sahni Vs State of U.P and Another) and judgment dated August 22, 2022 passed in Application U/s 482 No 3167 of 2022 (Brij Bhushan Sharan Singh Vs. State of U.P and Another).
J.B. Singh, AGA, does not dispute the said contention of SFA Naqvi, Senior Advocate.
In view thereof, the Court allowed the petition and the entire proceedings of Criminal Case, cognizance order dated 02.07.2022 as well as summoning order dated 10.10.2022 pursuant to chargesheet dated 02.03.2020, arising out of Case under Sections 147, 353,188, 171-H, 143 IPC and Section 127 of the Representation of the People Act, 1950, Police Station Galshahid, District Moradabad, pending in the Court of the ACJM-04, District Moradabad, are hereby quashed.