The Allahabad High Court has stayed the entire criminal proceedings against former minister Kailash Chaurasia in the case pending in the court of Chief Judicial Magistrate, Mirzapur.
A Single Bench of Justice Rajeev Misra passed this order while hearing an application under section 482 filed by Kailash Chaurasiya and Another.
The application under section 482 Cr.P.C has been filed by charge sheeted accused applicant Kailash Chaurasiya along with Kaleem challenging the charge sheet dated 21.4.2017, submitted in Case under section 171H, 188 IPC, Police Station- Kotwali Sahr, district- Mirzapur, Cognizance Taking Order dated 11.5.2018, passed by Judicial Magistrate, Mirzapur, in Consequential Case Police Station- Kotwali Shahr, District Mirzapur as well as the entire proceedings of aforementioned criminal case now pending in the Court of Chief Judicial Magistrate, Mirzapur.
Counsel for applicant contends that since the offence under section 188 IPC can be tried only on the basis of complaint and whereas an offence under section 171-H is a non cognizable offence, therefore, the police report submitted by Investigating Officer upon investigation of offence under section 171-H IPC shall not result in the institution of State case i.e after the Magistrate has exercised his jurisdiction under section 190(1)(b) Cr.P.C.
To the contrary, by virtue of section 2(d) Cr.P.C the consequential police report shall be treated as complaint and the Investigating Officer who submitted the police report shall be treated as complainant. Consequently, the case shall be tried by court below as a complaint case.
On the aforesaid premise, he submitted that the proceedings of aforesaid criminal case pending before the Chief Judicial Magistrate, Mirzapur by way of State case are manifestly illegal.
The Court directed that, in view of the above, let the Chief Judicial Magistrate, Mirzapur, submit his report to the effect as to whether Case (State Vs Kailash Chaurasiya and another) is being tried as State case or a Complaint case. The requisite report shall be submitted before the Court by 14.8.2024.
“Till then no coercive action shall be taken by Court below against applicant in Case (State Vs Kailash Chaurasiya and another), Police Station- Kotwali Shahr, District- Mirzapur, now pending in the Court of Chief Judicial Magistrate, Mirzapur”, the Court ordered.
The Court has fixed the next hearing of the petition on 20.8.2024.