Allahabad HC orders interim stay on proceedings in case against Samajwadi Party MLA

The Allahabad High Court recently granted interim stay on further proceedings in a 2007 criminal case registered against Samajwadi Party MLA Ram Murti Verma.

In October 2007, the Station House Office of Police Station Alapur, District Ambedkar Nagar lodged a First Information Report (FIR) against Verma alleging that despite Section 144, CrPC having been imposed in the area, he led a group of 50-60 party workers who blocked a road while protesting regarding the murder of an Advocate.

The FIR was lodged under Sections 143, 152, 283, 188 I.P.C. read with Section 7 of the Criminal Law (Amendment) Act.

However, in the year 2014, the State Government requested the District Magistrate, Ambedkar Nagar to withdraw the instant prosecution against Verma and for that purpose written permission was granted to the Prosecuting Officer by the Governor of the State of Uttar Pradesh.

In pursuance of the same, the State filed an application under Section 321 Cr.P.C. on in January 2016 for withdrawal of instant prosecution against Verma, which was rejected by the Chief Judicial Magistrate, Ambedkar Nagar.

Challenging the order of the CJM, Ambedkar Nagar, Verma moved the High Court. He also challenged the proceedings of the case.

The counsel for Verma contended that the finding as recorded by the court below was bad in law as it failed to consider the judgment of the Top Court in Ashwani Kumar Upadhyay Vs. Union of India and another (2021) in its entirety.

Bare perusal of the application filed on behalf of prosecution shows that the Senior Public Prosecutor had considered the material available on record and applied its own independent mind before filing the said application, therefore, there was no occasion for the court below to exercise the power of review regarding the same, who has passed the impugned order in a cursory manner and against the mandate of law, he argued.

He further stated that the matter was a political one and Verma was falsely implicated in the case due to political vendetta. He submitted that after lodging of the FIR, charge sheet was filed in a mechanical manner without considering the evidence on record by the Investigating Officer, whereupon the Magistrate took cognizance in a routine manner and issued summons against Verma and other accused persons.

Moreover, stating that the order passed by the CJM was nonspeaking and no reason had been assigned while rejecting the withdrawal application except one that it was against the individual as well as in the public interest, Verma’s counsel urged the court to quash the same.

Considering the submission, the bench of Justice Shamim Ahmed opined that the matter requires consideration on facts and law, both.

Therefore, court issued notice to the opposite party No. 2 through Chief Judicial Magistrate concerned by FAX and sought counter affidavits to the instant plea from the opposite parties within three weeks.

Posting the matter on December 7, 2022 for further hearing, court ordered that “till the next date of listing, further proceedings in the case will remain stayed”.

Case Title: Ram Murti Verma v. State Of UP and Another