Prayagraj: The Allahabad high court has quashed the proceedings and chargesheet filed against MLA Abbas Ansari, his younger brother Umar Ansari and their uncle Mansoor Ansari in a case registered against them at Kotwali police station in Mau district in 2022.
It was alleged that Abbas took out a procession during his election from Sadar assembly seat of Mau district, which according to police was without permission and restrained the public from movement.
Further, he violated the model code of conduct promulgated during the election.
Abbas, who is MLA from Sadar assembly seat of Mau district is son of jailed mafia don and former MLA Mukhtar Ansari.
Allowing the petition filed by Abbas and two others, Justice Raj Beer Singh observed, “In the instant matter, considering the allegations made in the first information report and the material collected during investigation, no prima facie case is made out. Even if the prosecution case is accepted as such, no offence is made out and thus, no conviction of the applicants/accused is possible on such material. Thus, in view of aforesaid, the instant case falls within the categories carved out by the apex court for quashing of proceedings. Therefore, no useful purpose would be served by subjecting the applicants/accused to trial.”
During the court proceedings, the counsel for the applicant, Upendra Upadhya, contended that no prima facie case is made out and merely a vague allegation has been made that while a procession of the victory of applicant Abbas, who was elected MLA from Sadar legislative assembly, Mau, was being taken, the road was jammed and the public was facing difficulty in movement.
The counsel added, there is no such specific allegation that any person was restrained from proceeding in any direction. There is absolutely no such allegation that any of the applicant-accused has voluntarily obstructed any person so as to prevent such person from proceeding in any direction.
No statement of any such person has been recorded to show that he was voluntarily restrained by the accused persons in proceeding in any direction.
The order was passed on September 12 but uploaded on the high court website on September 13.
It was alleged that Abbas took out a procession during his election from Sadar assembly seat of Mau district, which according to police was without permission and restrained the public from movement.
Further, he violated the model code of conduct promulgated during the election.
Abbas, who is MLA from Sadar assembly seat of Mau district is son of jailed mafia don and former MLA Mukhtar Ansari.
Allowing the petition filed by Abbas and two others, Justice Raj Beer Singh observed, “In the instant matter, considering the allegations made in the first information report and the material collected during investigation, no prima facie case is made out. Even if the prosecution case is accepted as such, no offence is made out and thus, no conviction of the applicants/accused is possible on such material. Thus, in view of aforesaid, the instant case falls within the categories carved out by the apex court for quashing of proceedings. Therefore, no useful purpose would be served by subjecting the applicants/accused to trial.”
During the court proceedings, the counsel for the applicant, Upendra Upadhya, contended that no prima facie case is made out and merely a vague allegation has been made that while a procession of the victory of applicant Abbas, who was elected MLA from Sadar legislative assembly, Mau, was being taken, the road was jammed and the public was facing difficulty in movement.
The counsel added, there is no such specific allegation that any person was restrained from proceeding in any direction. There is absolutely no such allegation that any of the applicant-accused has voluntarily obstructed any person so as to prevent such person from proceeding in any direction.
No statement of any such person has been recorded to show that he was voluntarily restrained by the accused persons in proceeding in any direction.
The order was passed on September 12 but uploaded on the high court website on September 13.
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