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Abdullah Azam Khan who was responsible for promoting enmity and false statements during the elections had been charged u/s 171-G of Indian Penal Code and u/s 125 of Representation of People Act by the local police. The High Court of Allahabad quashed the charge-sheet and initiated consequential proceedings against the said appellant. It is been held that both the above-mentioned sections are for non-cognisable offences and it is deemed to be complaint u/s 2(d) of Cr.P.C which shall be deslt under Chapter XV of Cr.P.C. Section 171-G of IPC held that anyone who purports a statement of fact in relation to personal character or conduct of the candidate whether he believes the fact or does not believes the fact shall be punished with fine.
And section 125 of RPA any person attempts to promote any hatred or enmity between different classes of groups of the citizens of India then shall be punished with three years’ imprisonment, fine or both. Thus, single bench Justice Om Prakash VII set aside the cognisance order and quashed the entire proceedings and held that “A perusal of record shows that the Magistrate concerned without considering the nature of offence for which charge-sheet was submitted, took cognizance on 30.7.2019. Since offence under Sections 171-G IPC and 125 Representation of People Act are non-cognizable offence, cognizance could not be taken on the charge-sheet for the aforesaid offences, as provisions of Section 2 (d) CrPC and Chapter XV of the CrPC will be attracted in the matter.
In the circumstances, the Court is of the opinion that cognizance taken vide order dated 30.7.2019 on the charge-sheet submitted for the offence under Sections 171-G IPC and 125 Representation of People Act is liable to be set-aside."
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