The Allahabad High Court has extended the interim protection granted last year to MP Asaduddin Owaisi (AIMIM Chief), in a criminal case over his alleged controversial statements on the 2019 Ram Janmabhoomi verdict.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing an application under section 482 filed by Asaduddin Owaisi.
The application under Section 482 Cr.P.C has been preferred by the applicant with a prayer to quash the summoning order dated 10.01.2023 and proceeding of Complaint Case under Sections 153-A, 295-A and 298 I.P.C, Police Station Shohratgarh, District Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar.
It is submitted by the counsel for the applicant that the complaint has been filed by opposite party no 2 against the applicant under Section 153-A, 259- A and 298 I.P.C without obtaining required sanction under Section 196(1) CrPC.
It is next submitted that the applicant has been summoned vide impugned order dated 10.01.2023 passed by the Chief Judicial Magistrate, Siddharth Nagar without recording the statement under Section 202 Cr.P.C, whereas the applicant is resident of outside the State of Uttar Pradesh, therefore, in view of the amendment by Act No 25 of 2005 with effect from 23.06.2006 an enquiry under Section 202(1) Cr.P.C is mandatory.
On putting precise query with regard to required sanction under Section 196(1) Cr.P.C, Sanjay Kumar Singh, Additional Government Advocate for the State submitted that there is no sanction for prosecution against the applicant as required under Section 196(1) Cr.P.C in the present case.
He further submitted that since it is a complaint case filed by private person/opposite party no 2, therefore, suitable reply in this regard can be given by the complainant/opposite party no 2.
From perusal of order-sheet, the Court found that as per the status report of the case, Vijay Prakash Chaturvedi has filed his Vakalatnama on behalf of complainant/opposite party on 01.08.2023, but till date, no counter affidavit or stay vacation application has been moved on behalf of opposite party no 2.
Interim order, earlier granted vide order dated 22.03.2023, is extended until further order of the Court, the Court ordered.
The Court has fixed the next hearing of the petition on 16.04.2024.