Court throws chargesheet against Amit Shah back at UP police
12 Sept 2014 5:38 AM IST
Additional chief judicial magistrate Sunder Lal refused to take cognisance of the chargesheet as the police had not followed the provisions of 173[2] Criminal Procedure Code (CrPC) in which they did not try to arrest the accused before filing the chargesheet in court. Police did not seek warrant or attachment proceedings against the accused under the provisions laid down under 173[2] CrPc,
the court said.
Police had registered a case against Shah for allegedly violating the model code following a direction from EC, which had also banned him from campaigning in the state on 4 April 2014. Shah had landed in a major controversy for allegedly saying that the 2014 Lok Sabha polls were an opportunity to seek ‘revenge for the insult’ inflicted during the riots in Muzaffarnagar last year.
Returning the chargesheet to remove errors, the court said police cannot file chargesheet under section 188 IPC as it should be filed as a private complaint by the concerned officer, who had imposed prohibitory orders which were violated.
Shah was on Wednesday charged by the police for his alleged hate speech during campaigning here for the Lok Sabha elections.
the court said.
Police had registered a case against Shah for allegedly violating the model code following a direction from EC, which had also banned him from campaigning in the state on 4 April 2014. Shah had landed in a major controversy for allegedly saying that the 2014 Lok Sabha polls were an opportunity to seek ‘revenge for the insult’ inflicted during the riots in Muzaffarnagar last year.
Returning the chargesheet to remove errors, the court said police cannot file chargesheet under section 188 IPC as it should be filed as a private complaint by the concerned officer, who had imposed prohibitory orders which were violated.
Shah was on Wednesday charged by the police for his alleged hate speech during campaigning here for the Lok Sabha elections.
Next Story
