The Allahabad High Court declined to dismiss a criminal case against an AIMIM leader, accused of attempting to enter a mosque within the Police Lines premises in Pratapgarh to offer prayers, under Section 153B of the IPC and Section 7 of the Criminal Law Amendment Act 1932.
Justice Rajeev Singh's bench additionally noted that the police line campus encompasses sensitive facilities such as the Armory, District Wireless Control Room, Cyber Control Room, etc. Consequently, the general public should not be permitted to enter the premises without valid permission from the District Superintendent of Police.
The court was addressing a quashing petition filed by AIMIM district president Israr Ahmad, who was implicated in a criminal case after a confrontation with Pratapgarh policemen who denied him entry to offer Friday prayers at a mosque within the Reserve Police Lines campus. Allegedly, the accused individuals, including the petitioner, attempted to forcibly enter the police lines, chanting slogans, and engaged in scuffles with police personnel while insisting on praying at the mosque located within the campus.
Challenging the summoning order and the entirety of the criminal proceedings, Ahmad petitioned the High Court, among other reasons, on the basis that the provisions of the 1932 Act are not applicable in district Pratapgarh due to the absence of any notification regarding the implementation of the Act in the region.
His counsel further argued that no sanction order was obtained from the Competent Authority before filing the charge sheet against him for the offence under Section 153B IPC, which is mandatory according to law. The trial court had taken cognizance of this aspect.
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