The Supreme Court on Wednesday granted an interim stay on legal proceedings against YouTuber Elvish Yadav in connection with a rave party case, where snake venom and other illegal drugs were allegedly supplied and consumed.
A bench of Justices M M Sundresh and Joymalya Bagchi issued notice to the respondents, including the Uttar Pradesh government and complainant Gaurav Gupta on Yadav’s petition challenging the FIR, chargesheet, and the summoning order passed by the trial court, seeking their response to Yadav’s plea. The trial proceedings would not be allowed to proceed till the responses are received.
Yadav had approached the Supreme Court seeking quashing of the chargesheet filed against him and the summons issued in the case. Earlier in May, 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.
The counsel appearing for Yadav informed the top court that his client has challenged the Allahabad High Court’s decision denying him relief. In his plea filed before the top court through Advocate Shahrukh Ali, Advocate Raman Yadav and Advocate Aman Jha, Elvish Yadav argued that cognisance of the offence under the Wildlife Protection Act has been taken without a complaint filed by a competent officer.
He further argued that the police have no authority to investigate offences under the WPA or to file a chargesheet in relation with it.
Yadav has also claimed that he was not present at the venue, and that no snake, narcotic or psychotropic substance has been recovered from him.
Elvish Yadav has been chargesheeted under Sections 9, 39, 48A, 49, 50 and 51 of Wildlife Protection Act and Sections 284, 289 and 120B of IPC and Sections 8, 22, 29, 30 and 32 of NDPS Act in the FIR lodged at Police Station Sector-49, Noida, District Gautam Buddh Nagar. A summons order has also been issued by the First Additional Chief Judicial Magistrate, Gautam Buddh Nagar.
