Additional Chief Judicial Magistrate Sunder Lal refused to take cognisance of the charge sheet as police had not followed the provisions of 173 CrPc in which they did not try to arrest the accused before filing the charge sheet in court.
Police did not seek warrant or attachment proceedings against the accused under the provisions laid down under 173 CrPc, the court said.
Returning the charge sheet to remove errors, the court said police cannot filed charge sheet 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.
Shah was yesterday charge sheeted by the police for his alleged hate speech during campaigning here for the Lok Sabha elections. The charge sheet was filed against 49-year-old Shah in the court of Additional Chief Judicial Magistrate Manoj Sidhu.
The charges were filed against Shah under Section 123(3) of Representation of the People Act for allegedly seeking votes on the grounds of religion, race, caste and community and under Section 188 of the IPC relating to disobedience to order promulgated by public servant.
The charge sheet had been filed under various sections of IPC, including 153A (promoting enmity between different groups on grounds of religion, race, place of birth, etc.), 295A (deliberate and malicious acts, intended to outrage religious feelings of any class) and 505 (false statement, rumour, etc. circulated with intent to cause mutiny or offence against the public peace), and Section 123-3 of Representation of People Act (making an appeal to vote on the grounds of religion amounting to corrupt practice).
Police had registered a case against Shah for allegedly violating the model code following a direction from EC, which had also banned him from campaigning in the state on April 4.
Shah had landed in a major controversy for allegedly saying that the 2014 Lok Sabha polls were an opportunity to seek "revenge for the insult" inflicted during the riots in Muzaffarnagar last year.