The Allahabad High Court on Thursday upheld the quashing of a magistrate’s order that took cognisance of a charge sheet against UP Chief Minister Yogi Adityanath in connection with a 2007 riot case in Gorakhpur. Justice B K Narayana dismissed the petition filed by Rasheed Khan, at whose instance an FIR was registered against Adityanath and others at police station Kotwali Gorakhpur, against the Sessions Court verdict.
The petitioner had challenged the sessions court’s January 28, 2017 decision quashing the Magistrate’s order on the grounds that he was not heard by the court. Appearing on behalf of the petitioner, counsel SFA Naqvi had submitted in the HC that the petitioner being the informant in the case, was a necessary party, but the sessions judge set aside the order without impleading him.
An FIR was lodged at police station Kotwali against Yogi Adityanath and several others on January 27, 2007 on allegations of promoting enmity between two groups of people etc. A charge sheet was submitted by the police against Adityanath and others. Later, the magistrate took cognisance of the charge sheet and summoned Aditynath, the then BJP MP.
Opposing the petition, Additional Advocate General (AAG) Manish Goyal submitted that while passing the order of cognisance, the magistrate was required to obtain prior approval of state government, but the same was not done. Thus the sessions court rightly set aside the order and remanded the matter to the magistrate for fresh consideration, the AAG said.