Chandigarh
The Punjab and Haryana high court has stayed trial court proceedings against Shiromani Akali Dal (SAD) leader Sucha Singh Chhotepur in a February 9, 2022, FIR registered by the Batala police ahead of assembly polls in the state.
The high court bench of justice Sudhir Mittal acted on a plea from Chhotepur seeking quashing of the FIR. Posting the matter for July 28, the HC directed that further proceedings would remain stayed during the pendency of the petition before it.
The FIR was registered against Chhotepur for allegedly violating prohibitory orders. According to the FIR, Chhotepur, who was the SAD candidate in the February 2022 Punjab assembly elections from Batala constituency, conducted a roadshow in which 13 cars and 14 motorcycles participated from Diwaliwal village to Masaniyan despite the fact that the Election Commission had prohibited it due to Covid-19 outbreak.
The FIR was registered under Section 188 of the IPC and 51 of the Disaster Management Act, 2005.
The SAD leader’s counsel, BS Baath, had argued that the proceedings under Section 188 of the IPC can only be initiated on the basis of a complaint in writing by the public servant concerned to a court or to some other public servant to whom he is administratively subordinate. Section 195(1) of the CrPC restraints the court from taking cognisance of any offence punishable under Section 188 unless a complaint in writing is made to it by the public servant concerned, he had argued, adding that in this case, police cannot register an FIR.
{{/usCountry}}The SAD leader’s counsel, BS Baath, had argued that the proceedings under Section 188 of the IPC can only be initiated on the basis of a complaint in writing by the public servant concerned to a court or to some other public servant to whom he is administratively subordinate. Section 195(1) of the CrPC restraints the court from taking cognisance of any offence punishable under Section 188 unless a complaint in writing is made to it by the public servant concerned, he had argued, adding that in this case, police cannot register an FIR.
{{/usCountry}}Moreover, the petitioner has not spread infection of any disease dangerous to life. Hence, no prima facie offence is made out against him, Baath had told the court.