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'Gautam Das' Remark Against PM Modi: Allahabad High Court Dismisses Congress Leader Pawan Khera's Plea To Quash Case
Sparsh Upadhyay
17 Aug 2023 10:50 AM GMT
The Allahabad High Court today dismissed Congress Spokesperson Pawan Khera's plea seeking the quashing of entire criminal proceedings in the case against him for his alleged 'Narendra Gautam Das Modi' remark made against Prime Minister Narendra Modi in February this year.The bench of Justice Rajeev Singh observed that the evidence collected by the Investigating Officer cannot be evaluated by...
The Allahabad High Court today dismissed Congress Spokesperson Pawan Khera's plea seeking the quashing of entire criminal proceedings in the case against him for his alleged 'Narendra Gautam Das Modi' remark made against Prime Minister Narendra Modi in February this year.
The bench of Justice Rajeev Singh observed that the evidence collected by the Investigating Officer cannot be evaluated by the Court in the present proceedings under Section 482 CrPC on the basis of pleadings, counter affidavit and rejoinder affidavit.
The Court also said that in the Supreme Court's March 20, 2023 order, the Applicant was directed to raise all the contentions before the jurisdictional court (Chief Judicial Magistrate, Lucknow) and in pursuance of the said order, the applicant may appear before the jurisdictional court and raise all his grievances before the court below.
Essentially, Khera moved the High Court challenging the summons order and chargesheet filed against him. He also filed an affidavit tendering unconditional apology for the alleged incident.
On Wednesday, a Court in Lucknow granted bail to him after he appeared before the court and submitted a surrender application, following which, he was taken into judicial custody.
It may be noted that Khera was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi on 23rd February 2023. He is facing charges under Sections 153-A, 153-B(1)/ 500/504/505(1)(b)/505(2) I.P.C.
On the same day, the Apex Court granted Khera an interim relief and stated that he should be released on interim bail on production before the jurisdictional Magistrate at Delhi. The interim bail was later extended from 28th February 2023 to 3rd March 2023, and then till 17th March 2023.
On March 20, the Supreme Court clubbed the FIRs registered against him at Varanasi and Assam and transferred them to the Police Station, Hazratganj, Lucknow. On the same day, he was granted liberty to Khera to apply for regular bail before the jurisdictional court in the matter.
Advocate Sudhanshu Shekhar Tripathi appeared for Khera.
Case title - Pawan Khera vs. The State Of U.P., Thru. Addl. Chief Secy. Home/Prin. Secy. Home, Lko. And Another [APPLICATION U/S 482 No. - 7810 of 2023]
Case Citation: 2023 LiveLaw (AB) 265
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