Allahabad HC stays proceedings in criminal case against Arvind Kejriwal pending before MP/MLA court

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A case was lodged in Sultanpur district of Uttar Pradesh against Kejriwal and others for blocking roads, preventing government servants from doing their duty, and other offences during the Lok Sabha elections in 2014.

The Allahabad High Court recently passed an interim order staying the proceedings of a criminal case pending before the Special Judge (MP/MLA Court), Sultapnpur against national convener of Aam Aadmi Party Arvind Kejriwal till the next date of listing of the matter. 

The bench of Justice Dinesh Kumar Singh was dealing with a petition moved by Kejriwal under Section 482 CrPC impugning the order dated October 25, 2021, passed by the MP/MLA court, Sultanpur.

Through the impugned order, the Special Judge had framed charges against Kejriwal in the case registered against him under Sections 143, 186, 188, 341, 353, and 171-G of the Indian Penal Code at Police station Gauriganj, District Amethi.

In the instant petition, counsel appearing for Kejriwal apprised the bench that a Special Leave to Appeal pertaining to the same matter is pending before the Supreme Court.

He argued that since the Special Leave to Appeal is pending before the top court, if the trial is allowed to proceed and in the eventuality, the Special Leave to Appeal is allowed, then the whole proceedings would be a futile exercise.

The single-judge bench took into consideration the argument put forth and opined that it would be appropriate to pass an interim order keeping the proceedings before the MP/MLA court in abeyance till the next date of listing of the present petition. 

Accordingly, directing the state counsel to file response/counter affidavit to the present petition, court posted it for next hearing on January 13, 2023. 

Case Title: Arvind Kejriwal v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another