Allahabad High Court: In an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) filed by Delhi’s Chief Minister Arvind Kejriwal, againstthe order passed by special judge for offences under Sections 143, 186, 188, 341, 353 and 171-G of the Penal Code, 1860, Dinesh Kumar Singh, J. passed an interim order and stayed the criminal proceedings.
In the case at hand, the First Information Report was registered against Arvind Kejriwal during the general elections in 2014, for allegedly making false statements during elections, obstructing public servants from discharging their duty,for being disobedient to order duly promulgated by public servant, wrongfully restraining persons, assaulting public servants to deter them from doing their duty etc.
The Court noted that Arvind Kejriwal had earlier approached this Court in a petition under Section 482 CrPC challenging the order passed by the Additional Chief Judicial Magistrate where by the petitioner’s request for exemption was rejected and cognizance was taken onand he was summoned to face the trial. However, this Court dismissed the said petition. Aggrieved by the same, Arvind Kejriwal challenged the said judgement before the Supreme Court in special leave to appeal. The Supreme Court had issued notices and exempted the appearance of the petitioner to the trial court, until further orders.
Arvind Kejriwal has submitted that the special leave to appeal is still pending and if the trial is allowed to proceed and, in the eventuality, the special leave to appeal being allowed, then the whole proceedings would be a futile exercise.
Thus, considering these submissions, the Court passed an interim order and stayed the criminal proceedings against Arvind Kejriwal.
The matter will next be taken up on 13-1-2023
[Arvind Kejriwal v. State of UP, 2022 SCC OnLine All 838, decided 12-12-2022]
Advocates who appeared in this case :
Counsel for Applicant:- Advocate Manmohan Singh;
Advocate Anjani Kumar Mishra;
Advocate Sheeran Mohiuddin Alavi;
Counsel for Opposite Party:- Government Advocate.
*Apoorva Goel, Editorial Assistant ha reported this brief.