The Delhi Court set aside the complaint filed against Prime Minister Narendra Modi and Amit Shah for alleged ‘Corrupt Practice’

The Delhi Court dismissed a criminal complaint filed against Prime Minister Narendra Modi and Home Minister Amit Shah for a supposed ‘Corrupt Practice’ during 2014 General elections and misappropriation of public property thereafter.

The Single bench Court of Judge Ajay Kumar Kuhar at Rouse Avenue District Court set aside the complaint filed by Shrikant Prasad stating that the allegations are lacking any substance to call on for a “criminal jurisdiction”.

Furthermore, the Court stated that the complaint fails on the ground that there is no prior sanction either under Section 197 CrPC or under Section 19 of the Prevention of Corruption Act. “For want of such a sanction, no cognizance can be taken in the present case,” the Court said.

The Court said that the complaint is liable to set aside for want of sanction. The Court said, “At the very outset, when an offence is alleged to be committed by a public servant while acting or purporting to act in discharge of his official duty, the court cannot take cognizance of the offence without a prior sanction under Section 197 of Criminal Procedure Code. For an offence under the Prevention of Corruption Act, particularly under Section 13, no court can take cognizance of the said offence except with the prior sanction of the competent authority under Section 19 of PC Act.” Reliance was placed on State of Uttar Pradesh v. Paras Nath Singh (2009) 6 SCC 372.

As for the allegations of false promise, the Court said, “The same does not warrant criminal action as per Representation Peoples Act, 1951. Lastly, on the allegations of misappropriation by privatization of Public Sector Undertaking.” The Court further stated that the same is “without any content and substance showing any criminal intent.”

 

Source: https://www.livelaw.in/news-updates/corrupt-practice-under-representation-of-peoples-act-does-not-call-for-criminal-action-delhi-court-dismisses-criminal-case-against-pm-modi-amit-shah-read-order-163875

Judgment: https://www.livelaw.in/pdf_upload/pdf_upload-382304.pdf

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