LawChakra

Jharkhand High Court Quashes Case Against Rahul Gandhi, Calls Magistrate’s Order ‘Legally Flawed’

Thank you for reading this post, don't forget to subscribe!

Jharkhand High Court gave major relief to Rahul Gandhi by striking down a Chaibasa court’s cognisance order. The Court held the proceedings were “illegal and procedurally defective.”

Jharkhand High Court Quashes Case Against Rahul Gandhi, Calls Magistrate’s Order ‘Legally Flawed’
Jharkhand High Court Quashes Case Against Rahul Gandhi, Calls Magistrate’s Order ‘Legally Flawed’

Congress MP Rahul Gandhi got a big relief on Thursday when the Jharkhand High Court cancelled an order of the Chaibasa Civil Court that had taken cognizance of a criminal complaint against him. The High Court said that the lower court’s move was not legally sound and has sent the case back for fresh consideration.

The single-judge bench of Justice Anil Kumar Choudhary ruled that the magistrate’s cognisance order was wrongly passed because it was done under the influence of a Sessions Court directive.

Justice Choudhary observed that this directive

“could not be considered judicially valid.”

The case started after a criminal complaint was filed against Rahul Gandhi. At first, the Judicial Magistrate in Chaibasa dismissed the complaint. But the complainant challenged that dismissal by moving the Sessions Court with a criminal revision petition.

While this revision petition was still pending, the magistrate again took cognisance of the case and even issued summons to Rahul Gandhi. Later, the Sessions Court allowed the revision petition.

However, the High Court found the entire process faulty. It said that the magistrate’s step to take cognisance of the case during the pendency of the revision petition was against proper legal procedure.

The Court said this action was “legally flawed,” and therefore quashed the cognisance order. It also told the lower court to hear the matter again and decide it properly as per law.

Rahul Gandhi’s lawyer, Advocate Dipankar Rai, had strongly opposed the proceedings. He argued before the Court that the cognisance taken by the magistrate was “illegal and procedurally defective.”

The High Court agreed with these arguments, giving much-needed relief to the Congress leader at a time when he is already facing several legal challenges across different parts of the country.

Click Here to Read Previous Reports on Rahul Gandhi

Exit mobile version