In an embarrassment to UP police, a court here on Thursday refused to take cognisance of the chargesheet against BJP president Amit Shah in connection with the alleged hate speech made by him and returned it to the police.

Additional chief judicial magistrate Sunder Lal refused to take cognisance of the chargesheet as police had not followed the provisions of 173[2] CrPc in which they did not try to arrest the accused before filing the chargesheet in court.

Police did not seek warrant or attachment proceedings against the accused under the provisions laid down under 173[2] CrPc, the court said.

Returning the chargesheet to remove errors, the court said police cannot filed chargesheet under section 188 IPC as it should be filed as a private complaint by the concerned officer, who had imposed prohibitory orders which were violated.




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