A Delhi Court recently dismissed a criminal case filed against the Prime Minister of India Shri. Narendra Modi and Home Minister Shri. Amit Shah for alleged “Corrupt Practice” under Representation of Peoples Act, during the General elections held in 2014 and for misappropriating public property thereafter.
The court of Special Judge Ajay Kumar Kuhar at Rouse Avenue District Court dismissed the case filed by Shrikant Prasad stating that the allegations are devoid of any substance to invoke “Criminal Jurisdiction”.
The Court stated that:
“The averment in the complaint is that false promises were made prior to the General Elections in 2014, which amounts to a corrupt practice as per Section 123 (2) of the Representation of Peoples Act, 1951. I need not go further in this issue because corrupt practice as defined in Section 123, Chapter-I, part-VIl of the Representation of Peoples Act does not call for a criminal action. The offences which are punishable under the Act are incorporated in Section 125 to 136 under the Representation Peoples Act, 1951″.
It also stated that:
“The allegations of misappropriation by privatization of Public Sector Undertaking is without any content and substance showing any criminal intent. These are policy decisions of the government in power which cannot be interfered with by the court under Criminal Jurisdiction”.
Further, the court opined that mere averments in the complaint without supporting evidence regarding the commission of an offence will not justify any action of the court.
The complainant submitted that he did not have evidence but the court may exercise its power enshrined under section 202 of CrPC for making any Inquiry, the court declined the request stating that
“To reach the stage of Section 202 CrPC, cognizance is required to be taken of the offence. But in the present case, for want of sanction, no cognizance can be taken”