Allahabad High Court Stays Conviction Of Congress Leader And Actor Raj Babbar In 1996 Assault Case
The Allahabad High Court, Lucknow Bench has stayed the conviction of leader of Congress party and Actor Raj Babbar in 1996 assault case.
Babbar had challenged the judgment and order of conviction passed by the Trial Court under Sections 143, 332, 353, and 323 of the Indian Penal Code (IPC).
A Single Bench of Justice Mohd. Faiz Alam Khan said, “Thus, having regard to all the facts and circumstances of the case and the law discussed above, in the considered opinion of this Court, while granting an opportunity to file counter affidavit/objections to the State having regard to the urgency shown by the applicant, which appears to be genuine, his conviction as accorded by the trial court vide judgment and order dated 07.07.2022 passed by learned Third Additional Chief Judicial Magistrate, Lucknow in Criminal Case No. 2869 of 2022 (State of U.P. vs. Raj Babbar and others), arising out of F.I.R. No. 188 of 1996, Police Station Wazirganj, Lucknow, under Sections 143, 323, 332 and 353 I.P.C. may be stayed/suspended, during the pendency of this application.”
Advocate Satendra Kumar (Singh) appeared for the applicant/Raj Babbar while AGA-I Rajesh Kumar Singh appeared for the opposite party/State.
In this case, Raj Babbar had preferred an instant application under Section 389(2) of the Criminal Procedure Code (CrPC) with the prayer to set aside the order of the Sessions Judge in an appeal arising out of the judgment of the Third Additional Chief Judicial Magistrate with the further prayer to suspend the effect, execution, and operation of conviction order.
The High Court in the above regard observed, “Perusal of the aforesaid case laws would also demonstrate that no doubt some exceptional circumstances are required to be shown by the applicant, who has approached the court for stay of his conviction but that doesn't mean that something extraordinary is to be demonstrated by the applicant. It would be suffice if it is shown that some important and material evidence has not been considered by the trial court which may tilt the balance in favour of an accused and also that requisite care has not been taken by the trial court at the stage of sentencing.”
The Court added that the parliamentary elections have been notified and detailed programme/schedule has been notified by the Election Commission of India and there cannot be any doubt so far as the urgency of the applicant is concerned and his affiliation with a political party may also not be doubted as he had been a Member of either House for five times.
“It is provided that during the pendency of this application, the conviction of the applicant- Raj Babbar as recorded vide judgment and order dated 07.07.2022 passed by learned Third Additional Chief Judicial Magistrate, Lucknow in Criminal Case No. 2869 of 2022 (State of U.P. vs. Raj Babbar and others), arising out of F.I.R./Case Crime No. 188 of 1996, Police Station Wazirganj, Lucknow, under Sections 143, 332, 353 and 323 I.P.C., appeal against which is pending before the learned Additional Sessions Judge, Court No.19/Special Judge, M.P./M.L.A., Lucknow shall remain stayed/suspended/in abeyance”, it directed.
Accordingly, the High Court listed the case on May 1, 2024.
Cause Title- Raj Babbar v. State of U.P.
Appearance:
Applicant: Advocates Satendra Kumar (Singh), Gaurav Mehrotra, Nadeem Murtaza, Abhinit Jaiswal, Wali Nawaz Khan, and Abhishek Mishra.
Opposite Party: AGA-I Rajesh Kumar Singh
