Prayagraj: Allahabad High Court on Thursday set aside Chargesheet and his confession command against Dr Kafel Khan by the Chief Justice of the Court (CJM), Aligarh in a criminal case that was alleged that Dr.
Khan had delivered inflammatory speech in protest against CAA / NRC at the University of Muslim Aligarh in 2019 , Report Rajesh Kumar Pandey.
The court ruled out Chargesheet and his confession order, observed that before applying for a chargesheet, the police authorities concerned did not take the necessary sanctions from the state or state government or DM below Section 196 (a) crpc (CRPC) code) as required in the case – like that (inflammatory greeting violation).
However, when giving this assessment, Gautam Chaudhari justice explains that Chargesheet and his recognition command can be taken by the court after sanctions must be given based on part 196 (a) CRPC from the center or state government or judge district.
According to Section 196 (a) CRPC, there is no court that will recognize any violation under the 153A IPC section except with previous sanctions from the center or state government or district judge.
Previously, a FIR was submitted against Dr.
Khan in this relationship under 153A (promoting hostility between different groups), 153B (imputation, prejudice statement on national integration), 505 (2) (statement creating or promoting, hostility, hatred or will Between class) and 109 (reduction of violations) of the Indian Criminal Code (IPC) after his speech at AMU on December 12, 2019 during anti-CAA protests.
As a result, he was arrested and sent to prison.
Then, the police handed over Chargesheet before the Aligarh Court on March 16, 2020.
CJM, Aligarh took the awareness on July 28, 2020.
Therefore, this petition was submitted by Dr.
Khan challenging him.
At another stage, he was ordered under the National Security Law (NSA) in this relationship, which was later set aside by the High Court.
Dr.
Khan, a pediatrician Medical College of Gorakhpur, was previously suspended from services on August 22, 2017, after the death of around 60 babies at the Medical College BRD Hospital due to lack of oxygen.
Dr.
Khan has challenged his suspension before the High Court who heard this case.