Patna High Court Stays Proceedings Against Lalu Yadav, Rabri Devi For Allegedly Violating Model Code Of Conduct In 2010 Assembly Elections

Yadav and his wife filed the present quashing application, seeking to set aside the order dated 25.05.2012 passed by the Chief Judicial Magistrate, Patna in the case, whereby cognizance of offence under Section 188 of the Indian penal Code read with Section 131 of the Representation of People Act, 1951 was taken.

Senior Advocate YV Giri, representing the petitioners, argued that based on the allegations in the FIR, there was no prima facie evidence of any offense under Section 188 of the IPC or Section 131 of the Representation of People Act, 1951.

The senior counsel asserted that Section 188 of the IPC pertains to disobedience to orders duly promulgated by a public servant; however, according to the FIR, there was no indication of which order promulgated by a public servant was violated by the petitioners.

Furthermore, the senior counsel contended that even if there was a breach of a duly promulgated order, the proper course of action for the informant should have been to file a complaint rather than an FIR.

Regarding Section 131 of the Representation of People Act, 1951, the senior counsel argued that a careful examination of the provision reveals that none of its clauses were violated based on the nature of the allegations.

The senior counsel also highlighted that the petitioners had previously submitted an application to the trial court under Section 258 of the Code of Criminal Procedure (CrPC), seeking to stop the trial on the grounds that the order of cognizance was invalid due to being beyond the period of limitation. However, this application was rejected by the magistrate and subsequently challenged in a Criminal Revision petition before the Special Judge, MP/MLA, Patna, but was ultimately dismissed.

Given that the order of cognizance was not overturned on the grounds of being beyond the limitation period, the present quashing application was filed to seek the quashing of the order taking cognizance, Giri asserted.

Additional Public Prosecutor Mr. Chandra Bhushan Prasad, representing the State, requested a four-week extension to submit the counter-affidavit.

The next hearing for the case is scheduled for March 11, 2024

"In the meantime, further proceedings before the trial Court in connection with Hawai Adda P. S. Case No. 190 of 2010 shall remain stayed," Justice Satyavrat Verma ordered.

Appearance:

For the Petitioner/s: Mr. Y. V. Giri- Sr. Advocate Mr. Pranav Kumar- Advocate Mr. Ashish Giri- Advocate Ms. Shrishti Singh- Advocate Mr. Sumit Jha- Advocate Ms. Riya Giri- Advocate

For the State: Mr. Chandra Bhushan Prasad- A.P.P

Case No.: Criminal Miscellaneous No.70645 of 2023

Case Title: Smt. Rabri Devi And Anr vs The State Of Bihar and Anr

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