Remarks On Savarkar| Lucknow Court Directs Police Investigation Into Complaint Against Rahul Gandhi U/S 202 (1) CrPC

A Court in Uttar Pradesh's Lucknow district today directed an investigation [under Section 202 (1) CrPC] into the complaint filed against Congress leader Rahul Gandhi over his allegedly offensive remarks against Vinayak Damodar Savarkar made in Maharashtra during his Bharat Jodo Yatra.

The Additional Chief Judicial Magistrate Ambrish Kumar Srivastava passed this order on an application moved by Advocate Nripendra Pandey under Section 156 (3) CrPC.

"Perused the averments in the complaint, the statements under Section 202 CrPC and the statement given by the witnesses under Section 202 of the Code of Criminal Procedure. It is clear from the perusal of the complaint letter that the opposite party (Rahul Gandhi) is a resident of Delhi and the alleged defamatory statement referred to in the complaint pertains to an incident in Akola (Maharashtra). Both these places are outside the jurisdiction of this Court. In such a case, in the opinion of the court, it is necessary to investigate the matter under Section-202 (1) of the CrPC by a sub-inspector level officer," the Court's order reads.

Consequently, the Court directed the Station House Officer (SHP) of the Police Station, Hazratganj (Luckow) to get the case investigated by a Sub-Inspector level officer. With this, the matter has now been posted for hearing on June 2, 2023.

#JustIn | A Court in #Lucknow today directed an investigation [under Section 202 (1) CrPC] into the complaint filed against Congress leader Rahul Gandhi (@RahulGandhi) over his remarks against Vinayak Damodar Savarkar made in Maharashtra during his #BharatJodoYatra. pic.twitter.com/wSpJ2HIV7c

— Live Law (@LiveLawIndia) May 2, 2023

Here it may be noted that as per Section 202 (1) CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.

Essentially, in his application, the Complainant-Pandey had sought registration of an FIR, however, the Court thought it fit to register the complaint and examine the complainant and his witnesses.

The complainant, in his complaint, also stated that Savarkar has been described as a patriot by Mahatma Gandhi, but Rahul Gandhi, by his statements, was creating social disharmony, and malice by propagating unnecessary views against him due to which he (complainant) suffered a lot of mental and physical trauma.