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The Allahabad High Court has given relief with conditions to Shashikant Sharma, Chintu Gautam, Rameshwar Upadhyay, Vinod Upadhyay, Chiragveer Upadhyay, acquaintances of former minister Ramveer Upadhyay in the incident during the 2017 assembly elections. The Court did not give any opinion on the order issued by the Sessions Court. Said that it cannot say at this stage that there is any error in the order.
However, subject to conditions, the police have prohibited harassment and the petitioner has been allowed to file discharge application. Along with this, the Sessions Court has been directed to hear the discharge application within three months and pass the order using judicial discretion. Justice Rahul Chaturvedi has given this order while hearing the petition of Shashikant Sharma, Vinod Upadhyay and others.
In the case, the petitioners have been made accused in the case of Pushpendra’s death in firing during the Vidhan Sabha elections-2017. An FIR was lodged against the petitioners under sections 147, 148, 149, 323, 307, 504 of IPC and SC/AT Act at Sahpau police station in Hathras on behalf of the deceased’s father Ram Hari Sharma. A total of 17 people were made accused in the case.
The Special Sessions Court, while accepting the protest application of the opposing parties of the case petitioners, quashed the closure report filed by the police and issued a non-bailable warrant against the petitioners. Challenging the order of the Sessions Court, the petitioners filed an appeal in the High Court.
Hearing on which the court, while expressing no view in the matter, said that the petitioners will have to appear in the first sessions court by September 30 with a personal bond. Then there will be no police coercive action against them. After completion of this process, discharge application can be filed on behalf of the petitioners. The Special Sessions Court will complete the hearing on the discharge application in three months and pass the order.
