The Allahabad High Court has stayed the proceedings of the criminal case in the Gautam Buddha Nagar court against former Chief Minister and Samajwadi Party (SP) chief Akhilesh Yadav.
A Single Bench of Justice Raj Beer Singh passed this order while hearing an application under Section 482 CrPC filed by Akhilesh Yadav.
The application under Section 482 CrPC has been filed for quashing the entire proceedings including summoning order of Case under Sections-188, 269, 270 IPC and Section-3/4 of Epidemic Diseases Act, P. S- Dadri, district-Gautam Budh Nagar, pending before Civil Judge (Sr Division)/ FTC/ MP/MLA, Gautam Budh Nagar.
The first information report was lodged against fourteen named accused persons, including applicant, and 300-400 unknown persons, alleging that on 3.2.2022 at 22.30 P. M, the applicant (President, Samajwadi Party) along with co-accused Jayant Chaudhary, while travelling from Luharli Gate, Gautam Budh Nagar in Samajwadi Rath (vehicle) towards Noida, they were welcomed by the co-accused persons and during that process a large gathering has assembled and that the guidelines of Covid-19 were violated, which endangered spreading of pandemic.
At that time the proclamation under Section 144 CrPC, as well as Model Code of Conduct, was also in force and that from 22.00 hrs to 8.00 hrs, there was prohibition on canvassing and in that way, the proclamation under Section 144 CrPC, Covid-19 guidelines as well as Model Code of Conduct, 2022 were violated.
Counsel for the applicant has submitted that the applicant is Ex-Chief Minister of the State of UP and he is wholly innocent and no prima facie case is made out against the applicant.
Even as per prosecution version, on 3.2.2022 the applicant visited area of district-Gautam Budh Nagar in relation to the election campaign after prior information to the district administration and then it was the duty and responsibility of district administration and police to manage the public gathering.
Counsel submitted that in the vehicle (rath), in which the applicant was travelling, there were only five seats and that the applicant was not suffering from Covid-19 pandemic or any other infectious disease and thus, it cannot be said that the applicant has violated any guideline of Covid-19 or did any negligent act to spread infection and thus no prima facie case under Sections 269 and 270 IPC is made out.
Further, the applicant is not responsible for alleged assembly of the crowd. Referring to these facts, it was submitted that no offence under Section 269, 270 IPC, as well as under Section-3/4 Epidemic Diseases Act, is made out.
It is further submitted that for cognizance of offence under Section 188 IPC, a complaint is required to be filed in accordance with the provisions of Section 195 CrPC, but in the matter, no such complaint has been filed, thus, no cognizance under Section 188 IPC could have been taken.
It was also pointed out that the investigation has been conducted in a most casual and mechanical manner. The similar statements have been attributed to all the witnesses and that cognizance has also been taken by the Court below in a mechanical manner without considering the facts of the matter. Referring to the facts of the matter, no prima facie case is made out at all against the applicant..
P. C Srivastava, Additional Advocate General, State of UP submitted that the first information report itself makes out a case against the applicant and co-accused persons. The applicant is an Ex Chief Minister of the State of U.P and that the facts of the matter show that during Covid -19 pandemic while visiting the area of district-Gautam Budh Nagar for convessing, hundreds of persons have assembled and that the Covid-19 guidelines and Model Code of Conduct, issued by the Election Commission, were violated.
Additional Advocate General has referred to the version of the first information report and statements of witnesses and it was submitted that a prima facie case is made out against the applicant.
Regarding offence under Section 188 IPC, it was submitted that when the first information report was also lodged under other sections, i.e. Sections-269, 270 IPC and Section 3/4 of Epidemic Diseases Act, there is no requirement of filing any complaint as provided under Section 195 Cr PC.
It was submitted that the applicant may raise his defence version during trial but at this stage, considering the material on record, it cannot be said that no prima facie case is made out.
Considering the facts of the matter, the submissions of the counsel for the parties and case laws cited on behalf of the applicant, the matter requires consideration and hearing on merits, the Court observed.
The Court granted four weeks time to file counter affidavit for the opposite parties and two weeks time to file rejoinder affidavit.
“Considering the facts of the matter, it is directed that till the next date of listing, the proceedings in respect of applicant / accused in Case under Sections-188, 269, 270 IPC and Section-3/4 of Epidemic Diseases Act, P. S-Dadri, district-Gautam Budh Nagar, pending before Civil Judge (Sr Division) / FTC / MP / MLA, Gautam Budh Nagar, shall remain stayed”, the Court ordered.
The Court has fixed the next hearing of the petition on January 22, 2024.