Allahabad HC relief for UPCC chief in violation of 144 CrPC order case
The court in its order dated July 28, after hearing parties concerned, fixed August 5 as the next date of hearing and observed, 'In the meantime, further proceedings pending against the applicant in the aforesaid case crime, shall remain stayed.'
Rai, who is currently UP Congress chief, in his petition had sought quashing of summoning order dated September 9, 2019 and the charge sheet dated November 7, 2017, as well as the entire proceedings of case no. 2436 of 2019, (State Vs Surendra Patel and others) arising out of case crime no. 193 of 2017, under section 188 (disobedience to an order lawfully promulgated by a public servant) of Indian Penal Code lodged at Kotwali police station of Varanasi.
As per the petitioner's counsel, charge sheet was filed against Rai under section 188 IPC but cognizance was taken by the court concerned on the charge sheet submitted for offence under section 188 CrPC. Therefore, the cognizance order passed by the court concerned was bad in the eyes of law and was liable to be quashed.
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