In an application filed before the Lucknow Bench of the Allahabad High Court seeking quashing of a chargesheet dated 24-04-2023 against Abbas Ansari, Member, Uttar Pradesh Legislative Assembly, for being illegal, arbitrary, and mechanical as well as a summoning order dated 12-07-2023 in a matter regarding a First Information Report (FIR) filed under Section 174-A of the Indian Penal Code, 1860 (IPC), a Single Judge Bench of Justice Rajeev Singh stated that the matter required consideration and stayed the impugned proceedings till the next date.
Abbas Ansari submitted that he had been falsely implicated in an FIR registered under Sections 420, 467, 468, 471 of the IPC and Section 30 of the Arms Act, 1959, for which bailable and non-bailable warrants were obtained from the competent court without any appropriate material. Thereafter, an order under Section 82 of the Code of Criminal Procedure, 1973 (CrPC), was passed but was never served on the applicant.
The prosecution’s case was that service was done by beating drums and pasting the notice at Ansari’s house, after which the Investigating Officer had lodged the FIR under Section 174-A under the presumption that the applicant was not appearing despite a proclamation under Section 82 of the CrPC.
The proceedings regarding the FIR registered for the commission of offences punishable under the IPC and the Arms Act were challenged before the Supreme Court, and an interim order was passed whereby the proceedings were stayed on the grounds that the house was not occupied by Abbas Ansari or his family members, as it had already been seized by the police.
The Court noted that a Division Bench of this Court had already decided an identical controversy in another matter and stated that the matter required consideration. Hence, the Court granted the opposite party three weeks to file a counter-affidavit and one week thereafter to the applicant to file a rejoinder affidavit.
Lastly, the Court stayed the impugned proceedings till the next date and listed the matter on 23-03-2026.
Appearances:
For Applicant – Qazi Sabihur Rahman, Ishan Baghel, Razaur Rahman
For Opposite Party – G.A.
