Dismissing the petition filed against the orders of the lower courts concerned, a bench of Justice Rajesh Singh Chauhan said, "In this matter, it cannot be said that there are no allegations against the applicant - Kejriwal."
The Lucknow bench of the Allahabad High Court on Tuesday refused to quash criminal proceedings against AAP supremo and Delhi Chief Minister Arvind Kejriwal for making derogatory remarks in public against the BJP and Congress in Amethi district during the 2014 general elections.
Dismissing the petition filed against the orders of the lower courts concerned, a bench of Justice Rajesh Singh Chauhan said, "In this matter, it cannot be said that there are no allegations against the applicant - Kejriwal."
"Apart from this, his lawyer could not be able to show at this stage that allegations are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the applicant," the bench said.
Refusing to quash the proceedings on the plea that the case was registered by the political opponents, the bench observed, "These allegations are required to be tested only at the time of trial and this court cannot hold a parallel trial in an application under Section 482 of the CrPC (Criminal Procedure Code)."
Prem Chandra, Flying Squad Magistrate, had lodged an FIR in 2014, under Section 125 of the Representation of the People Act at Kotwali Musafirkhana police station in Amethi, alleging that Kejriwal flouted the model code of conduct by making public statement against BJP and Congress.
Kejriwal had said, "Jo Congress ko vote dega, mera manana hoga, desh ke saath gaddari hogi. Jo Bhajpa ko vote dega use Khuda bhi maaf nahin karega, des ke sath gaddari hogi" (Those who vote for the BJP and the Congress would be betraying the country).
After completion of investigation, the Investigating Officer submitted the chargesheet against Kejriwal under Section 125 of the RP Act.
Kejriwal had filed an application for his discharge but the said application was rejected by Special judge MP/MLA, Sultanpur on August 4, 2022.
Against this rejection order, Kejriwal had filed revision, which was also dismissed by Sessions Judge, Sultanpur on October 21, 2022.
Now, Kejriwal had challenged the two orders before the HC by an application moved under section 482 of the CrPC but the bench has dismissed this application as well.
-With PTI Input