JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Nadeem Murtaza, Sri Mahmood Alam, Sri Man Mohan Singh, learned counsel for the petitioner and Sri Alok Saran along with Sri Rajesh Kumar Singh, learned Additional Government Advocates for the State.

2. By means of this application, the applicant has made following main prayers:

“Wherefore, it is most respectfully prayed that this Hon'ble may graciously be pleased to:

(i) Quash and set aside the impugned revisional order dated 21.10.2022 passed by the Ld. Court of Sessions Judge, Sultanpur in Criminal Revision No. 219 of 2022 (Arvind Kejriwal vs. State of U.P.) arising out of Case Crime No. 608/2014 registered at Police Station Musafirkhana, District Amethi, whereby, the criminal revision preferred by the Applicant has been dismissed.

(ii) Quash and set aside the impugned order dated 04.08.2022 passed by the Ld. Court of ACJM Room No. 18 (Special Judge MP/MLA), Sultanpur in Criminal Case No. 360/2014 (State vs. Arvind Kejriwal) arising out of Case Crime No. 608/2014 registered at Police Station Musafirkhana, District Amethi, whereby, application of the Applicant seeking discharged under Section 239 Cr.P.C. has been dismissed.”

3. Precisely, the applicant has assailed the judgment and order dated 21.10.2022 passed by the learned Sessions Judge, Sultanpur in criminal revision rejecting the revision filed by the present applicant upholding the order dated 04.08.2022 passed by the learned trial Court i.e. Additional Chief Judicial Magistrate, Court No. 18/Special Judge, MP/MLA/Sultanpur, who has rejected the discharge application of the present applicant.

4. Notably, this is the third petition/application filed under Section 482 Cr.P.C. before this Court.

5. Before adverting to earlier orders being passed in the petitions/applications filed by the present applicant under Section 482 Cr.P.C. before this Court, it would be apt to discuss the brief facts of the present case. One Prem Chandra, Flying Squad Magistrate, lodged an FIR bearing Case Crime No. 608 of 2014, under Section 125 of the Representation of the People Act, 1951 (hereinafter referred to as “the Act 1951”) Police Station-Kotwali Musafirkhana, District Amethi, alleging inter-alia that the accused-applicant flouted the Model Code of Conduct by making public statement “Jo Congress ko vote dega, mera manana hoga, desh ke saath gaddari hogi. Bhajpa per katakch karte hue kaha ki jo Bhajpa ko vote dega use Khuda bhi muaf nahin karega, des ke sath gaddari hogi.” After completion of investigation, the Investigating Officer has submitted the charge sheet against him. Learned trial court has taken cognizance against the accused on 06.09.2014 under Section 125 of the Act, 1951 and summoned him.

6. The present applicant has filed a petition under Section 482 Cr.P.C. bearing U/S 482/378/407 No. 3662 of 2015; Arvind Kejriwal vs. State of U.P. and Others, seeking prayer for quashing the entire proceedings of Case No. 360 of 2014 arisen out of Case Crime No. 608 of 2014 (supra). He has also prayed for quashing the charge sheet, which has been filed in the aforesaid case. The aforesaid petition was disposed of finally vide order dated 03.08.2015 giving liberty to the applicant to file appropriate application before the learned court below taking all pleas and ground including the ground for exemption of his personal appearance and such application was directed to be considered strictly in accordance with law. For a period of four weeks, the bailable warrant which was issued against the present applicant was stayed. For the convenience, the order dated 03.08.2015 is being reproduced hereunder:

“Heard Shri Mahmood Alam, learned counsel appearing on behalf of applicant along with Shri C.L. Gupta, Advocate and Shri Rishad Murtaza, learned Government Advocate on behalf of State.

By means of the instant petition under Section 482 Cr.P.C. the applicant has prayed for quashing of the entire criminal pr