The Lucknow bench of the Allahabad high court has set aside the order of the chief judicial magistrate (CJM) of Barabanki district by which a probe was ordered against the then chief development officer (CDO) and the superintendent of police (SP) of that district in connection with an alleged scam in construction of public toilets.
The state government had challenged the CJM’s February 17, 2021 order in the high court. IAS Megha Rupam and IPS Arvind Chaturvedi got relief from the high court in the alleged scam related with construction of public toilets in Barabanki. Rupam was then CDO of Barabanki while Chaturvedi was the SP.
On an FIR registered by the village pradhan, the CJM, Barabanki, had ordered a probe against both the officers. Additional advocate general (AAG) Vinod Kumar Shahi represented the state government in court. “The CJM had ordered the probe against the then CDO and the SP of Barabanki in violation of constitutional provisions law. The high court has set aside the CJM’s order,” said Vinod Kumar Shahi.
A single bench of Justice Subhash Vidyarthi passed the order on March 7 that was uploaded on the court’s website on Monday. The court observed that the order passed by the CJM suffered from illegalities and it was unsustainable in law.
“The continuance of prosecution on the basis of such an order would clearly be an abuse of the process of law warranting interference by this court in exercise of its revisional powers,” observed the court.
{{/usCountry}}“The continuance of prosecution on the basis of such an order would clearly be an abuse of the process of law warranting interference by this court in exercise of its revisional powers,” observed the court.
{{/usCountry}}“The CJM Barabanki’s February 17, 2021 order is set aside,” the court added. During the hearing of the case, village panchayat secretary Beena had produced the digital diary of each toilet along with its beneficiaries proving that all the toilets had been completed.