Allahabad High Court Stays Criminal Case Proceedings Pending In Sultanpur Court Against Delhi CM Arvind Kejriwal

The Allahabad High Court on Monday stayed the proceedings of a 2014 criminal case against the Chief Minister of Delhi and National Convener of Aam Admi Party (AAP), Arvind Kejriwal, pending before the MP/MLA Court in the state's Sultanpur District.

The bench of Justice Dinesh Kumar Singh ordered thus while hearing a Section 482 CrPC plea filed by Kejriwal challenging the order of the MP/MLA Court framing charges against him and posted the matter for further hearing on January 13, 2023.

The FIR in the case was lodged against Kejriwal in the year 2014 during the general elections for allegedly making false statements during elections (Section 171G IPC), obstructing public servants from discharging their duty (Section 186 IPC), wrongfully restraining persons (section 341 IPC), assaulting public servants to deter them from doing their duty (Section 353 IPC) besides others.

The counsel appearing for Kejriwal submitted that earlier in the year 2016, he had moved the High Court challenging the order of the Sultanpur Court taking cognizance and issuing him a summons to face trial, however, the same was dismissed.

Thereafter, he challenged HC's order in the Supreme Court, wherein the Top Court in October 2016, issued notices and exempted the appearance of Kejriwal to the trial court until further orders.

Against this backdrop, it was submitted that since the Special Leave to Appeal (Criminal) is still pending and if the trial is allowed to proceed and if the Special Leave to Appeal is allowed, then the entire proceedings would be a futile exercise.

Taking into account the submissions of his counsel, this Court found it appropriate to pass an interim order keeping the proceedings of the case under Sections 143, 186, 188, 341, 353, and 171-G IPC pending before the learned Special Judge (MP/MLA Court)/Additional Sessions Judge, Sultapnpur, in abeyance till the next date of listing of this petition.

Case title - Arvind Kejriwal vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another [APPLICATION U/S 482 No. - 9268 of 2022]

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