The Lucknow Bench of the Allahabad High Court has given a big relief to the Delhi Chief Minister Arvind Kejriwal by putting a stay on the proceedings of the ongoing criminal case against him in Sultanpur till the next date.
A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing an application under section 482 filed by Arvind Kejriwal.
The Petitioner is National Convener of Aam Aadmi Party (AAP) and currently holding the post of Chief Ministership of NCT of Delhi.
This is the second petition under Section 482 CrPC, which has been filed the order dated 25.10.2021 passed by the Special Judge (MP/MLA Court)/Additional Sessions Judge, Sultanpur in Special Case, arising out of Crime under Sections 143, 186, 188, 341, 353 and 171-G IPC, Police station Gauriganj, District Amethi, whereby the learned trial court has framed charges against the petitioner.
Earlier, the petitioner had approached the Court in a petition under Section 482 CrPC bearing challenging the order dated 7.10.2016 passed by the Additional Chief Judicial Magistrate-VI, Sultanpur, whereby the petitioner’s request for exemption was rejected and cognizance was taken on 13.4.2016 and he was summoned to face the trial. The Court, however, dismissed the said petition vide judgement and order dated 21.10.2016.
The petitioner had challenged the order dated 21.10.2016 passed by the Court before the Supreme court in Special Appeal. The Supreme Court order dated 27.10.2016 had issued notices and exempted the appearance of the petitioner to the trial court until further orders.
H.G.S Parihar, Senior Counsel for the petitioner submitted that the said Special Leave to Appeal (Criminal) is still pending and if the trial is allowed to proceed and in the eventuality the Special Leave to Appeal being allowed, then the whole proceedings would be a futile exercise.
Considering the aforesaid submissions, the Court is of the view that it would be appropriate to pass an interim order keeping the proceedings of Special Case, arising out of Crime under Sections 143, 186, 188, 341, 353 and 171-G IPC, Police station Gauriganj, District Amethi, pending before the Special Judge (MP/MLA Court)/Additional Sessions Judge, Sultanpur, in abeyance till the next date of listing of the petition, the order reads.
The Court has fixed the next hearing of the petition on January 13, 2023.