Lawstreet Journal

High Court Rescinds Non-Bailable Warrant Against Ex-MP Jaya Prada [READ ORDER]

Lawstreet Journal 7 Jul 2020 3:02am

Image courtesy: Lawstreet Journal Judiciary High Court Rescinds Non-Bailable Warrant Against Ex-MP Jaya Prada [READ ORDER]

The High Court of Allahabad (now known as Prayagraj) while permitting the application put in by the ex-MP Jaya Prada in front of the Allahabad High Court rescinded all orders as well as non-bailable warrant furnished against her by the Additional District & Sessions Judge, Rampur in connection to a Non-Cognizable Report filed against her for making “x rays like eyes” statement with regards to Samajwadi Party’s Abdullah Azam Khan.

The former member of parliament has submitted an application under Section 482 of The Code of Criminal Procedure, 1973 with the plea to rescind the complete criminal proceedings of the case that was filed against her under Section 171-G of Indian Penal Code (False Statement with Relation to Election), pending before Additional District & Sessions Judge, Rampur as well as non-bailable warrant filed by the court as mentioned above.

 The lawyer on the behalf of the applicant, Neeraj Srivastava, had filed punishment as mentioned for the offense under Section 171-G Indian Penal Code and the nature of the offense as mentioned in the Schedule of the Code of Criminal Procedure, 1973, the offense is non-cognizable and is squarely covered with the definition of Section 2 (d) of The Code of Criminal Procedure, 1973. The cognizance could not be taken directly as a State case and can proceed only as a complaint case.

Section 482 of The Code of Criminal Procedure, 1973states, “Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give… Continue Reading...

Tagged: Allahabad High Court  
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