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Court seeks ATR on alleged poll code breach by Narendra Modi

PTI | Last Updated: Saturday, July 5, 2014 - 19:06

Ahmedabad: A local court today asked the crime branch to submit an Action Taken Report (ATR) by August 5 in connection with an FIR filed against then Chief Minister of Gujarat, Narendra Modi for allegedly violating the Representation of People Act on Lok Sabha polling day on April 30.

Additional Chief Judicial Magistrate M M Sheikh directed the Detection of Crime Branch (DCB) of Gujarat Police to submit the ATR on or before August 5.

Modi, who was then the prime ministerial candidate of BJP, had addressed a press conference when the voting was underway in all 26 seats in Gujarat on April 30, immediately after casting his vote in a school at Ranip area of the city and displayed his party`s electoral symbol, the lotus.

The FIR against Modi was registered by the Crime Branch on the directives of the Election Commission on the same day under section 126 (1)(a) of RP Act (prohibition of public meetings during period of forty?eight hours ending with hour fixed for conclusion of poll) and under section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC).

However, an Aam Aadmi Party (AAP) member, Nishant Verma filed a petition before the court saying the FIR was "incomplete" and requested it to direct police to add section 130 (prohibition of canvassing in or near polling station) of RPA and sections 114 (abettor present when offence is committed) and 171 (c) (undue influence at elections) and 171 (f) (wearing garb or carrying token used by public servant with fraudulent intent) of the Indian Penal Code (IPC) to the FIR.

As per section 171 (f) an offender shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
During a previous hearing, the court had asked the DCB to submit the ATR on or before July 5 but extended the time limit by a month today on the submission of the agency that investigation into the case is not yet completed.
Verma`s lawyer K R Koshti opposed DCB`s representation and submitted that the probe agency has not filed chargesheet in the case within the stipulated time period. After hearing both the sides, the court posted the matter to August 5.

First Published: Saturday, July 5, 2014 - 19:06

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