The Supreme Court quashed criminal proceedings against YouTuber Elvish Yadav in the snake venom case, citing procedural lapses. The bench noted that the complaint and FIR could not be sustained in law, leading to the proceedings being quashed.
"The complaint and the FIR cannot be sustained in law. We are not going into other issues raised. The Proceedings stands quashed," the Court noted.
Road to the Supreme Court
Earlier, Yadav approached the Supreme Court seeking the quashing of the chargesheet filed against him and the summons issued in the case.
In May last year, the Allahabad High Court had dismissed his plea, observing that the allegations warranted a thorough legal examination as multiple FIRs had been registered in the matter.
Charges and Defence Arguments
Chargesheet Details
For reference, Elvish Yadav was chargesheeted under Sections 9, 39, 48A, 49, 50 and 51 of the Wildlife Protection Act and Sections 284, 289 and 120B of the IPC and Sections 8, 22, 29, 30 and 32 of the NDPS Act in the FIR lodged at Police Station Sector-49, Noida, District Gautam Buddh Nagar.
A summons order was also issued by the First Additional Chief Judicial Magistrate, Gautam Buddh Nagar.
Yadav's Plea
Yadav challenged the chargesheet and the proceedings on the ground that the informant was not a competent person to lodge an FIR under the Wildlife Protection Act, 1972.
It was pleaded that no snake, narcotic or psychotropic substance has been recovered from the applicant.
Further, it was pleaded that, "It is a well-known fact that the applicant is an influential person and appears on several reality shows on television, and inevitably, the involvement of the applicant in the instant FIR attracted great attention from the media. Consequently, influenced by the aforesaid attention, the police officers attempted to make the case more sensitive by invoking Sections 27 and 27A of the NDPS Act immediately after arresting the applicant." (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)-
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