Prayagraj: The High Court of Allahabad on Thursday set aside Chargesheet and regularity of his recognition against Dr Kafel Khan by the Head of the Judge (CJM), Aligarh in a criminal case that was alleged that Dr.
Khan had delivered inflammation speech to the citizenship amendment law (CAA) / National List of Residents (NRC) at the Muslim University of Aligarh in 2019.
The court ruled out Chargesheet and his confession order, observing that before submitting a chargesheet, the police authority concerned did not take the necessary sanctions from the center or country.
The government or district judge below Section 196 (a) criminal procedure (CRPC) code is needed in such cases (inflammatory greeting violations).
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.
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).
As a result, he was arrested and sent to prison.
Then, the police handed over a chargesheet in front of the Aligarh Court on March 16, 2020.
The head of Judge Judge (CJM), Aligarh took consciousness 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 suspended from service on August 22, 2017, after the death of around 60 babies at the Medical College Hospital Brd due to lack of oxygen.
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.
HC set aside chargesheet against Dr. Khan in the case of inflammatory speech
