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No objection to closing poll code breach case against Narendra Modi: complainant cop

Tuesday, 19 August 2014 - 7:37pm IST | Place: Ahmedabad | Agency: PTI

A police officer, whose complaint formed the basis for FIR against Narendra Modi for alleged violation of the model code of conduct during the Lok Sabha election, on Tuesday told a court here he had no objection to the crime branch filing a closure report in the case. Police Inspector H A Rathod of the city crime branch filed his reply before Metropolitan Magistrate M H Patel stating he had "no objection" to the closure report which gave a clean chit to Modi.

Absolving Modi of any culpability, the Gujarat police had on August 8 filed a closure report in the case. In accordance with the routine legal procedure, the metropolitan court had asked the complainant if he had any objection to the probe agency filing a closure report. Rathod was the complainant in the FIR which was filed against Prime Minister Modi on the directive of the Election Commission for allegedly violating the Representation of People (RP) Act on April 30 when polling was held in Gujarat.

Modi, who was then BJP's prime ministerial candidate, had triggered a controversy when he addressed a press conference immediately after casting his vote at a school in Ranip area of Ahmedabad, part of party veteran LK Advani's Gandhinagar seat, where he prominently displayed the BJP's election symbol lotus. Accusing him of violating the election law, the Congress party had filed a complaint with the EC.

Following the complaint, the poll panel had ordered lodging of an FIR against Modi for having allegedly violated the provisions of Sections 126 (1)(a) and 126 (l)(b) of Representation of People Act, 1951. The maximum punishment under these provisions of RPA is up to two years imprisonment. The crime branch had lodged an FIR against Modi under section 126 (1)(a) of RP Act for holding a public meeting, under IPC section 188 for violating election notification and CrPC section 144, which prohibits more than 4 people from gathering for a specific purpose.

The investigation was conducted by the city crime branch which, after completing the probe, filed a closure report giving a clean chit to Modi. As per the section 126 (1) (a) of RP Act, there is a prohibition on public meetings during a period of 48 hours ending with the hour fixed for conclusion of polling. A separate case is going on in Ahmedabad rural court against Modi on a complaint filed by an Aam Aadmi Party worker Nishat Verma, who has alleged that the police had registered an incomplete FIR against him. Verma, in his complaint, has demanded that Modi be additionally charged under section 130 of RPA and IPC sections 114, 171 (c) and (f). The case is scheduled to be heard on August 26.

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