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HC Declines to Quash FIR Against SP MP
Hindustan Times East UP
|January 04, 2025
The Allahabad high court on Friday declined to quash the FIR lodged against Samajwadi Party MP from Sambhal Zia-ur-Rehman Barq for delivering a provocative speech, which allegedly led to the recent violence in Sambhal.
PRAYAGRAJ:
However, the court has made it clear that as the offence was punishable with up to seven years' imprisonment only, there should not be a routine arrest as per the guidelines issued by the Supreme Court in the case of Arunesh Kumar and also section 35 of Bhartiya Nagrik Suraksha Sanhita (BNSS).
Disposing of the writ petition, a division bench comprising Justice Rajiv Gupta and Justice Mohd Azhar Husain Idrisi observed, "We have perused the FIR, which prima facie discloses the cognizable offence against the petitioner and therefore, the prayer made to quash the FIR cannot be entertained and as such, we are of the view that no interference is warranted."
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