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Ahmedabad court rejects AAP worker's plea for documents in alleged 'poll code breach' by PM Narendra Modi

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A local court on Friday rejected a plea filed by Aam Aadmi Party worker Nishant Verma seeking probe documents on the basis of which the city crime branch had given a clean chit to Prime Minister Narendra Modi in the case of alleged poll-code breach.

Chief Judicial Magistrate MC Bhatt of Ahmedabad rural court rejected Verma's plea saying "it lacks merit". The Detection of Crime branch (DCB) had, on August 9, filed a closure report in the case, absolving Modi.

Verma had sought the documentary evidence on the basis of which it had filed the closure report. The Public Prosecutor, while opposing the plea, had argued the applicant should exhaust other remedies like filing of an RTI application to get the documents.

Verma had earlier filed an application in the court seeking that police should register additional charges against Modi for displaying BJP symbol on the poll day. This application is still pending before the rural court.

On April 30 this year, when the voting was underway for 26 Lok Sabha seats in Gujarat, Modi addressed a press conference immediately after he voted at a school in Ranip area. On the directives of the Election Commission, DCB lodged an FIR against Modi under section 126 (1)(a) of Representation of the People Act for holding a public meeting, section 188 of IPC for violating election notification and CrPC section 144 which prohibits unlawful assembly.

Verma has demanded that Modi should also be charged under Section 130 of RPA and IPC sections 114 and 171 (c).

Section 130 prohibits canvassing for votes or exhibiting any notice or signs related to election within the polling station on the day of polls. IPC section 114 is about the role of abettor while section 171(c) fixes the culpability of a person whoever "interferes with free exercise of any electoral right".

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