The Allahabad high court has quashed the non - bailable warrants (NBWs) issued against film actress and former MP Jaya Prada in two separate cases related to making derogatory remarks against some political leaders during the 2019 Lok Sabha elections.
Allowing the petition filed by Jaya Prada, Justice Om Prakash, however, directed the subordinate court to move afresh in accordance with law.
Jaya Prada, had challenged the NBW issued against her on February 13, 2020, by the additional district and sessions judge of Rampur in a case which had taken place during the last parliamentary election period.
In April 2019, a criminal case was registered against Jaya Prada in which it was alleged that she had made indecent remarks against her political opponents.
In the present case, she had taken the plea that the offence was a non - cognizable one.
Therefore, as per law, an NBW could not be issued in such cases.
Therefore, proceeding initiated against her in trial court is not in accordance with the procedure prescribed in the Criminal Procedure Code (CrPC).
"NBW and other proceedings against the petitioner must be quashed.
Proceedings on the basis of the charge sheet could only continue as a complaint case.
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