Aditya Nath Mittal, J. - (1.) Heard learned counsel for the petitioners, learned Additional Government Advocate and perused the record.
(2.) This petition under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 07.10.2016, passed by the learned Additional Chief Judicial Magistrate-VI, Court No.22, Sultanpur, by which, the application of the petitioner no.1 for exemption has been rejected, as well as the Charge Sheet No.87 of 2015 dated 24.06.2015 and the cognizance order dated 13.04.2016 passed in Criminal Case No.216 of 2016 relating to Case Crime No.367 of 2014, under Sections 143, 186, 188, 341, 353 and 171-G I.P.C., Police Station-Gauriganj, District-Sultanpur.
(3.) Learned counsel for the petitioners has submitted that the petitioners are National leaders of a recognised Political Party and the petitioner no.1 is presently the Chief Minister of N.C.T. Delhi. The petitioner no.2 is Internationally a-claimed Poet. The petitioners were having the permission for procession of Rally and prohibitory order under Section 144 Cr.P.C. and permission for procession for rally cannot run together. It has also been submitted that the First Information Report does not constitute the offence as alleged and the charge-sheet has been filed in a mechanical way, upon which, the learned Judicial Magistrate has also not applied his mind and has taken cognizance. It has also been submitted that to oblige the sitting Members of Parliament, the entire district administration and police force had caused impediment in election campaign of petitioner no.2 and have lodged various frivolous complaints. The petitioners were always calm and peaceful during their campaign. The different State Governments have taken a policy decision to withdraw the police case filed against the activists and politicians for agitation.;