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The Allahabad high court has quashed the non-bailable warrants (NBWs) issued against film actress and former MP Jaya Prada in two separate cases related to making derogatory remarks against some political leaders during the 2019 Lok Sabha elections.
Jaya Prada had challenged the NBW issued against her on February 13, 2020, by the additional district and sessions judge of Rampur in a case which had occurred during the last parliamentary election period.
In April 2019, a criminal case was registered against Prada for making 'X-ray like eyes' remark against SP's Abdullah Azam Khan. The Investigating Officer concerned submitted charge sheet for the offence under Section 171-G IPC (False statement in connection with an election) following which the ASJ court in February 2020 issued a NBW against her.
Prada had moved the High Court under Section 482 of CrPC seeking quashing of entire criminal proceedings as well as a non-bailable warrant.
In the current case, she had taken the plea that the offence was a non-cognizable one. Therefore, as per law, an NBW could not be issued in such cases. Therefore, proceeding initiated against her in the trial court is not in accordance with the procedure prescribed in the Criminal Procedure Code (CrPC).
The single bench of Justice Om Prakash-VII, Noting that the offences registered against her were non-cognizable observed "It is not disputed in the present matter that charge sheet was submitted under Section 171-G IPC. Schedule appended with the Cr.P.C. clearly reveals that offence is non-cognizable. If such is the position cognizance on the charge sheet as State case could not be taken in the present matter. Trial Court ought to have proceeded with the case as complaint case."
The court, after hearing both counsels for the petitioner and the prosecution side, allowed the petition of Jaya Prada and quashed the NBW issued against her, while directing the trial court to proceed afresh in accordance with the law.
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