The Allahabad High Court has stayed the proceedings in the lower court against MLAs Abbas Ansari and Umar Ansari, sons of former MLA Mukhtar Ansari, in Ghazipur’s Ghazal Hotel case.
A Single Bench of Justice Raj Beer Singh passed this order while hearing an application under section 482 filed by Abbas Ansari and Another.
It has been argued by the Senior Counsel for the applicants that as per prosecution version, the alleged offence revolves around execution of sale-deed dated 29.04.2005, which was executed by Ravindra Nath Sharma, Nand Lal and Srikant in favour of applicants through their guardian/mother Smt Afshan Ansari.
As per prosecution version, the land sold by that sale-deed, is public land. It has been pointed out that at the time of alleged sale-deed, applicant No1 Abbas Ansari was aged about 12 years and applicant no 2 Umar Ansari was aged about seven years.
It is further pointed out that the applicants are not even signatory on the said sale-deed, which was executed by their guardian in the name of the applicants. The applicants have no role in execution of said sale-deed.
Additional Advocate General has opposed the application and argued that at the time of alleged sale-deed, the applicant No1 Abbas Ansari was aged about 13 years and applicant No 2 Umar Ansari was aged about 8 years. Referring to provisions of Section 83 IPC, it is submitted that no case for quashing of the proceedings is made out.
The Court observed that the matter requires consideration.
The Court granted four weeks time to file Counter affidavit for the respondents.
The Court directed that till next date of listing no coercive action shall be taken against the applicants, namely, Abbas Ansari and Umar Ansari in Case under Sections 420, 423, 465, 467, 468, 471, 474, 477A, 120-B IPC, P.S Kotwali, District Ghazipur.
The Court has fixed the next hearing of the petition on August 16, 2023.