The Allahabad high court has stayed criminal proceedings against Zia ur Rahman Barq, the Samajwadi Party MP from Sambhal, in connection with an alleged violation of the model code of conduct during the 2024 Lok Sabha elections.
While granting time to the state government to file its counter affidavit (reply), justice Sameer Jain directed that the case be listed for the next hearing on December 8, 2025. In the order passed on October 27, the court stayed further proceedings in the case pending before the court of the civil judge in Moradabad, until the next date of hearing. An FIR in this regard was lodged at the Bilari police station in Moradabad.
In a petition challenging proceedings, it was submitted before the court that an FIR was lodged during the 2024 general elections under Section 188 of the Indian Penal Code (disobedience of an order promulgated by a public servant) and Section 126 of the Representation of the People’s Act, 1951 (prohibition of public meetings on the day of polling). The complaint alleged that on April 21, 2024, around 10:45 pm, the then candidate violated the model code of conduct while campaigning with associates.
The petitioner argued that the magistrate had taken cognisance of the offence under Section 188 of the IPC based on the police charge sheet, which was barred under Section 195(1)(a)(i) of the CrPC (now corresponding to Section 215 of the Bharatiya Nagarik Suraksha Sanhita, BNSS). Therefore, the cognisance order itself was legally unsustainable, the plea stated.
{{/usCountry}}The petitioner argued that the magistrate had taken cognisance of the offence under Section 188 of the IPC based on the police charge sheet, which was barred under Section 195(1)(a)(i) of the CrPC (now corresponding to Section 215 of the Bharatiya Nagarik Suraksha Sanhita, BNSS). Therefore, the cognisance order itself was legally unsustainable, the plea stated.
{{/usCountry}}The additional advocate general, appearing for the state, opposed the plea, maintaining that the proceedings were valid and in accordance with law.