ALLAHABAD: The Allahabad prime court docket on Thursday upheld an order of the Gorakhpur sessions pass judgement on during which he had quashed summons issued by a magistrate in opposition to then MP of Gorakhpur Aditya Nath Yogi and others relating to Gorakhpur riots of 2007.
According to the case file, one Rasheed Khan had lodged an FIR in opposition to Yogi and some others at Gorakhpur Kotwali on January 27, 2007, for allegedly promoting enmity between two teams of people. Subsequently, police filed a chargesheet in opposition to Yogi and others. A magistrate took cognizance of the chargesheet and issued an order summoning the accused, together with Yogi. However, the Gorakhpur sessions court docket became down the magistrate's order on January 28, 2017. Khan then moved a petition in the prime court docket challenging the sessions court docket order on the ground that he was not given an opportunity to be heard.
Appearing on behalf of the petitioner, his suggest submitted in the prime court docket that the sessions pass judgement on quashed the order without giving his shopper a chance to be heard even though as an informant in the case he was a essential birthday celebration.
Opposing the petition, the state counsels submitted that while passing the order, the magistrate was required to procure prior approval of state govt, which was not taken. Thus, the sessions court docket rightly put aside the order and remanded the matter to the magistrate for contemporary consideration.
After listening to each the sides, Justice B K Narayana of the prime court docket on Thursday disregarded the petition while upholding the order of the Gorakhpur sessions pass judgement on.
According to the case file, one Rasheed Khan had lodged an FIR in opposition to Yogi and some others at Gorakhpur Kotwali on January 27, 2007, for allegedly promoting enmity between two teams of people. Subsequently, police filed a chargesheet in opposition to Yogi and others. A magistrate took cognizance of the chargesheet and issued an order summoning the accused, together with Yogi. However, the Gorakhpur sessions court docket became down the magistrate's order on January 28, 2017. Khan then moved a petition in the prime court docket challenging the sessions court docket order on the ground that he was not given an opportunity to be heard.
Appearing on behalf of the petitioner, his suggest submitted in the prime court docket that the sessions pass judgement on quashed the order without giving his shopper a chance to be heard even though as an informant in the case he was a essential birthday celebration.
Opposing the petition, the state counsels submitted that while passing the order, the magistrate was required to procure prior approval of state govt, which was not taken. Thus, the sessions court docket rightly put aside the order and remanded the matter to the magistrate for contemporary consideration.
After listening to each the sides, Justice B K Narayana of the prime court docket on Thursday disregarded the petition while upholding the order of the Gorakhpur sessions pass judgement on.
HC nixes plea seeking summoning of Aditya Nath Yogi
![HC nixes plea seeking summoning of Aditya Nath Yogi]()
Reviewed by Kailash
on
February 02, 2018
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