Patna High Court: In a case wherein defamation proceedings were started against Rahul Gandhi for his ‘Modi Surname’ remark, a Single Judge Bench of Sandeep Kumar, J.* stayed Lower Court’s order till the next hearing, that is, till 15-5-2023.
In the present case, counsel for the petitioner submitted that once the petitioner had been tried and convicted by the Surat Court for the same offence, that is, for his statement made in public, therefore, the present prosecution in State of Bihar for the same offence could not proceed any further.
Senior Counsel for the Opposite Party 2 relied on the judgment of the Jharkhand High Court, by which the application of the petitioner for quashing of the FIR lodged based on the statement of the petitioner, had been dismissed.
Further, the Advocate General appearing for the State relied on Article 20(2) of the Constitution and submitted that the prosecution of the petitioner for the same offence for which he was being tried and convicted by the Surat Court below and at different places could not continue.
Counsel for the petitioner submitted that the judgment of the Jharkhand High Court was passed much before the conviction of the petitioner by the Surat Court and therefore, the contention that the prosecution of the petitioner was barred under Section 300 of the Criminal Procedure Code, 1973 had not been considered.
Thus, this Court held that till the next date of the hearing, further proceedings of the Lower Court in connection with Complaint Case No. 1551(C) of 2019 shall remain stayed.
The matter would next be listed on 15-5-2023.
Also read: [Modi Surname Defamation Case] Surat Court refuses to stay Rahul Gandhi’s conviction
[Rahul Gandhi v. State of Bihar, 2023 SCC OnLine Pat 1170, decided on 24-4-2023]
Advocates who appeared in this case :
For the Petitioner: Ansul, Advocate;
For the State: P.K. Shahi, Advocate General;
For Opp. Party 2: S.D. Sanjay, Senior Advocate and Aalok Kumar, Priya Gupta, Sushmita Mishra, Advocates.
*Order by: Justice Sandeep Kumar
