Allahabad HC Stays Criminal Proceedings Against SP Leader Akhilesh Yadav In Model Code of Conduct Violation Case
|The Allahabad High Court has stayed criminal proceedings against Former UP CM, Samajwadi Party President, Ahkhilesh Yadav for allegedly violating model code of conduct and Covid-19 guidelines during the Uttar Pradesh Assembly Polls in 2022.
In 2022, Yadav along with RLD Chief Jayant Chaudhary while travelling from Luharli Gate, Gautam Budh Nagar in Samajwadi Rath (vehicle) towards Noida allegedly violated guidelines of Covid-19 guidelines, which endangered spreading of pandemic. At that time the proclamation under Section 144 CrPC, as well as Model Code of Conduct, was also in force from 22.00 hrs. to 8.00 hrs., there was prohibition on convessing and in that way, the proclamation under Section 144 CrPC, Covid-19 guidelines as well as Model Code of Conduct, 2022 were violated.
Accordingly, a bench of Justice Raj Beer Singh observed, “Considering the facts of the matter, it is directed that till the next date of listing, the proceedings in respect of applicant / accused in Case No. 16331 of 2023 (State Versus Akhilesh Yadav and others), arising out of Case Crime No. 78 of 2022, under Sections-188, 269, 270 I. P. C. and Section-3/4 of Epidemic Diseases Act, P. S.-Dadri, district-Gautam Budh Nagar, pending before Civil Judge (Sr. Division) / FTC / MP / MLA, Gautam Budh Nagar, shall remain stayed”.
Advocate Imran Ullah appeared for the applicant and Additional Advocate General P. C. Srivastava appeared for the State of Uttar Pradesh.
In the matter, a criminal case was filed against Yadav and Chaudhary under Sections-188, 269, 270 IPC and Section-3/4 of Epidemic Diseases Act, pending before Civil Judge (Sr. Division) / FTC / MP / MLA, Gautam Budh Nagar.
The State had argued that Yadav while visiting the area of district-Gautam Budh Nagar for canvassing, violated the Model Code of Conduct, issued by the Election Commission.
The applicant contended that even as per the prosecution, the applicant visited Gautam Budh Nagar in relation to an election campaign after prior information to the district administration, therefore, it was the duty and responsibility of district administration and police to manage the public gathering.
It was further submitted that in the vehicle (rath), there were only five seats and that the applicant was not suffering from Covid-19 pandemic or any other infectious disease. While it was also argued no prima facie case under Sections 269 and 270 I. P. C. was made out as there was not any negligent act to spread infection.
Cause Title: Akhilesh Yadav State of U.P. and Another
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