On Thursday, the Allahabad High Court quashed the criminal proceeding against Dr. Kafeel Khan who was arrested in the matter of a speech that he gave during CAA and NRC protest at Aligarh Muslim University in the year 2019. The FIR against him was registered under section 153A and 153B of IPC.
The chargesheet was filed subsequently in 2020 and the he was summoned to face trial on the matter. The accused moved to the High Court seeking to quash the criminal proceeding.
The accused argued that prior permission of the Central Government was required before the filing of the charge sheet against him and since the prior permission was not taken the High Court quashed the proceedings as the learned Magistrate did not comply with the relevant provisions while passing the order of the cognizance.
The bench headed by Justice Gautam Chaudhary quashed the entire proceeding and also the cognizance order of the CJM, Aligarh.