Asaduddin Owaisi @ Asaduddin Owesi @ ... vs The State Of Bihar on 26 April, 2023

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Patna High Court - Orders

Asaduddin Owaisi @ Asaduddin Owesi @ ... vs The State Of Bihar on 26 April, 2023

Bench: Rajiv Roy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65643 of 2019
                         Arising Out of PS. Case No.-175 Year-2015 Thana- BAISI District- Purnia
                 ======================================================
                 ASADUDDIN OWAISI @ ASADUDDIN OWESI @ ASDUDDIN OBAISI
                 Son of Late Sultan Sallauddin Owaisi Party President of AIMIM, At Presently
                 Resident of Banjara Hill, Police Station-Banjara Hill, District-Hydrabad.

                                                                                     ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Sonu Kumar Son of Dinesh Prasad Jaiswal Resident of Village-Kursaila,
                 P.S-Kursaila, District-Katihar, then posted as Flying Magistrate, Baisi, 57,
                 Bihar Legislative Assembly Election, 2015 under district of Purnea.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raj Kumar, Advocate
                 For the Opposite Party/s :        Mr.Bharat Bhushan APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   26-04-2023

Let the name of Mr. Bharat Bhushan be appear on the cause list.

Heard Mr. Raj Kumar, learned counsel for the petitioner as also learned APP. He is directed to provide a copy of the petition to Mr. Bharat Bhushan, learned APP by Monday, 1.5.2023 and receipt thereof be filed in the office.

The present petition has been filed for quashing of the order dated 28.08.2016 in connection with Baisi P.S. Case No. 175 of 2015 whereby cognizance has been taken under Sections 188 of the I.P.C. and Section 3 of the Bihar Control of the use and play of Laud Speaker Act, 1955.

The Prosecution story, in brief, is that the informant, Patna High Court CR. MISC. No.65643 of 2019(4) dt.26-04-2023 2/2 Sonu Kumar gave a written application before S.H.O. of Baisi P.S. dated 22,10/2015 alleging therein that an information was given to him that without permission, Md. Asaduddin Owaisi, President of AIMIM was addressing the people in favour of party candidate namely Gulam Sarwar by loud speaker near East side of Karbla Mosque situated at village-Shadipur, Bhutaha. After getting such information, the informant along with other officers and police personnel reached there but did not find any activity. But a local resident Md. Julfekar Ahmad showed recording of speech delivered by Asaduddin Owaisi which was also videographed as no permission was taken with regard to the said address, written complaint was lodged.

Let a counter affidavit be file on behalf of the Superintendent of Police, Purnea within a period of six weeks.

Till the next date of hearing, the proceeding in connection with Baisi P.S. Case No. 175 of 2015 pending in the Court of learned A.C.J.M, 1st, Purnea shall remain stayed.

(Rajiv Roy, J) ravi/kiran-

U       T

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Patna High Court - Orders