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Synopsis

The Allahabad High Court has ordered the state government of Uttar Pradesh to take no coercive action against All India Majlis-E-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi till April 24, 2023, in case over his controversial remarks against Supreme Court.

The bench of Justice Rajiv Gupta passed the order in a plea filed by Owaisi under Section 482 CrPC. 

Owaisi's counsel argued that he is being prosecuted for the offence under Section 153(A) of the Indian Penal Code, however, necessary sanction from the concerned authority as contemplated under Section 196(1) CrPC had not been taken and as such, entire proceeding was bad in the eye of law.

The single judge bench opined that the matter required consideration. Therefore, the bench issued notice to the complainant in the matter and posted the matter on April 24, 2023, for hearing.

"Till then, no coercive action shall be taken against the applicant in Complaint Case (MP/MLA) No. 566 of 2022 (Rakesh Pratap Singh Vs. Asaduddin Owaisi and Another), under Sections 153-A, 295-A, 298 IPC, Police Station Shohratgarh, District Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar," court ordered for the meanwhile. 

A complaint had been filed against Owaisi following his remarks on the Supreme Court's 2019 judgment in the Ram Janmabhoomi-Babri Masjid title dispute.

Case Title: Asaduddin Owaisi v. State Of U.P.And Another