The Magistrate Court in Muzaffarnagar returned the chargesheet against BJP chief Amit Shah to the police, saying they had not followed rules
In an embarrassment to the UP Police, a court in Muzaffarnagar on Thursday refused to take cognisance of the charge sheet against Bharatiya Janata Party (BJP) President Amit Shah in connection with the alleged hate speech made by him.
The court returned the charge sheet to the police, saying the agency had not followed rules. Additional Chief Judicial Magistrate Sunder Lal said the police had not followed the provisions of 173 CrPc. Police did not seek warrant or attachment proceedings against the accused under the provisions laid down under 173 CrPc, the court added.
Returning the chargesheet to remove errors, the Court said police cannot filed chargesheet under section 188 IPC as it should be filed as a private complaint by the concerned officer, who had imposed prohibitory orders which were violated.
On Wednesday, Shah was chargesheeted by the police for his alleged hate speech during campaigning at Muzaffarnagar for the Lok Sabha elections.
The chargesheet was filed against 49-year-old Shah in the court of Additional Chief Judicial Magistrate Manoj Sidhu.
The charges were filed against Shah under Section 123(3) of Representation of the People Act for allegedly seeking votes on the grounds of religion, race, caste and community and under Section 188 of the IPC relating to disobedience to order promulgated by public servant.
The chargesheet had been filed under various sections of IPC, including 153A (promoting enmity between different groups on grounds of religion, race, place of birth, etc.), 295A (deliberate and malicious acts, intended to outrage religious feelings of any class) and 505 (false statement, rumour, etc. circulated with intent to cause mutiny or offence against the public peace), and Section 123-3 of Representation of People Act (making an appeal to vote on the grounds of religion amounting to corrupt practice).
Police had registered a case against Shah for allegedly violating the model code following a direction from EC, which had also banned him from campaigning in the state on 4th April.
Shah had landed in a major controversy for allegedly saying that the 2014 Lok Sabha polls were an opportunity to seek "revenge for the insult" inflicted during the riots in Muzaffarnagar last year.
Pistorius was charged with one count of murder and three firearms offences over the killing of girlfriend Reeva Steenkamp on Valentine’s Day in 2013
‘Blade Runner’ Oscar Pistorius on Thursday was found not guilty of the murder of girlfriend Reeva Steenkamp as a South African judge dismissed the most serious charges against him.
“The state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder,” Thokozile Masipa said, before dealing with the lesser charge of culpable homicide — also known as manslaughter.
“Viewed in its totality the evidence failed to establish that the accused had the requisite intention to kill the deceased, let alone with premeditation,” said Masipa.
“Clearly he did not objectively foresee this as a possibility, that he would kill the person behind the door,” she said as she later dismissed the lesser charge of common murder.
The 27-year-old sat in the dock bowed and burying his head in his hands after the finding was made.
Pistorius was charged with one count of murder and three firearms offences over the killing on Valentine’s Day 2013.
He could still be found guilty of culpable homicide, carrying anything from a suspended sentence to a lengthy prison stretch, or he could be acquitted.
A charge of premeditated murder would have meant a life sentence in South Africa’s notoriously brutal jails.
Pistorius had grimaced and sniffled as he watched Masipa call Pretoria’s High Court to order and read her verdict.
Both defence and prosecution agree Pistorius killed the law graduate and model when he fired four shots through a locked toilet door in his upmarket Pretoria home.
But the sprinter says he thought he was shooting at an intruder while Steenkamp was safely in bed.