HC quashes Non-Bailable Warrant issued against former MP Jaya Prada (Read Order)

The Allahabad High Court while allowing the application filed by former MP Jaya Prada before this Court quashed all orders as well as non-bailable warrant issued against her by  the Additional District & Sessions Judge, Rampur in connection to a NCR registered against her for making ‘x rays like eyes’ remark against SP’s Abdullah Azam Khan.

Jaya Prada has filed an application under section 482 Cr.P.C. with the prayer to quash the entire criminal proceedings of case filed against her under Section 171-G IPC, pending before Additional District & Sessions Judge, Rampur as well as non-bailable warrant issued by the aforesaid Court.

The counsel on the behalf of the applicant, Neeraj Srivastava, had submitted punishment provided for the offence under Section 171-G IPC and the nature of offence disclosed in the Schedule of the Cr.P.C., the offence is non cognizable and is squarely covered with the definition of Section 2 (d) Cr.P.C. and cognizance could not be taken directly as State case. It could only continue as complaint case.

The single bench of Justice Om Prakash-VII observed that;

“It is not disputed in the present matter that charge sheet was submitted under Section 171-G IPC. Schedule appended with the Cr.P.C. clearly reveals that offence is non cognizable. If such is the position cognizance on the charge sheet as State case could not be taken in the present matter. Trial Court ought to have proceeded with the case as complaint case.”

The counsel on the behalf of state argued before the court that although offences registered against the applicant is non cognizable but procedure adopted by the Trial Court cannot be termed to be illegal. The court said the there is no doubt the offences registered against her were non cognizable but cognizance could not be taken as State case in this present matter, trial court should continue it only as complaint case. Accordingly the matter is remanded back to the court and ask to pass a fresh order in accordance with law.

Case details:

Case: - Application u/s 482 No. - 11592 of 2020

Applicant: - Smt. Jaya Prada Nahata

Opposite Party: - State of U.P. and Another

Counsel for Applicant: - Neeraj Srivastava

Counsel for Opposite Party: - G.A.

Bench: - Justice Om Prakash-VII

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