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Synopsis

The Allahabad High Court earlier this week stayed proceedings against Rashtriya Lok Dal (RLD) chief and Rajya Sabha Member Jayant Chaudhary in a case pending in local court at Gautam Buddh Nagar.

The case against Chaudhary pertains to an FIR lodged against him, Samajwadi Party Chief Akhilesh Yadav, 12 other named persons as well as 300-400 unknown persons under Sections 188, 269, 270 IPC and Section 3/4 Epidemic Diseases Act.

The allegations against the accused persons were that on February 3, 2022, Akhilesh Yadav and Jayant Chaudhary conducted a procession where on a ‘rath’, they were welcomed by about 300-400 people despite the restrictions imposed in view of Covid-19 pandemic.

The FIR also alleged that at that time, the proclamation under Section 144 CrPC and Model Code of Conduct were also in force. From 22:00 hours to 08:00 hours, there was prohibition on canvassing and in that way, proclamation under Section 144 CrPC, Covid-19 guidelines as well as Model Code of Conduct-2022 were violated, the FIR claimed.

The Trial Court summoned the accused persons to face trial on October 30, 2023.

However, Chaudhary moved the high court by filing an application under Section 482 CrPC seeking direction to quash the charge-sheet, cognizance order and proceedings of the case before the trial court.

Main substratum of argument of Chaudhary’s counsel was that he had been falsely implicated in the matter due to political reasons.

He alleged that the investigating officer under the influence of ruling party did not conduct fair investigation and the criminal proceeding against Chaudhary was nothing but a malicious prosecution.

The counsel further submitted that in the case, the proceedings against Akhilesh Yadav has already been stayed by the high court in December last year.

He contended that case of Chaudhary stood on better footing than that of Yadav, therefore, Chaudhary was also entitled for interim relief.

The bench of Justice Sanjay Kumar Singh allowed four weeks’ time to the Additional Government Advocate appearing on behalf of the State to file counter affidavit.

Rejoinder affidavit, if any, may be filed by the applicant within two weeks thereafter, court added.

Court held that considering the facts and circumstances of the case as well as the high court order staying proceedings against Akhilesh Yadav, prima facie, the matter at hand required consideration.

Therefore, while posting the matter on February 20, 2024, the single judge bench stayed further proceeding of the aforesaid case against Chaudhary till the next date.

Case Title: Jayant Chaudhary @ Jayant Kumar Singh v. State and Another