The court of Justice J P Gupta has granted a stay against further proceedings in a criminal case, pertaining to violation of Model Code of Conduct during assembly election 2018, against BJP spokesman Sambit Patra. The case was registered by MP Nagar Police Station against Patra for after he held a press conference claiming corruption in National Herald Building, October 27.
A challan was filed against him under Section 188 of IPC. Following this the court of Chief Judicial magistrate, Bhopal issued a bailable warrant against him to secure his presence. Patra challenged the FIR and the order of taking congnisance against him. The Madhya Pradesh HC at Jabalpur stayed the entire proceedings before the CJM court at Bhopal.
Petitioner stated that the police do not have power to register an FIR on its own, the case under Section 188 IPC can only be registered on the complaint directly made to Court by the officer concerned whose directions are violated, informed senior advocate Namrata Agarwal.
