Varma has sought criminal action against Modi and an election officer P K Jadeja, for allegedly filing a defective affidavit and for not cross-verifying the details mentioned by Modi during the assembly elections.
He alleged that leaving a column blank of his marital status amounts to concealing information. This was in contradiction with the recent affidavit filed during the general elections.
During the general election in April, Modi named Jashodaben as his wife. Varma sought action against Modi and Jadeja for this discrepancy. A magisterial court has turned down Varma's application on the ground that the complaint was filed more than a year after the incident. However, the court observed in its order that Modi was guilty of concealing information and liable to be punished under section 125 (1)(3) of the Representation of People Act.
Varma has questioned this order on the ground of limitation. But meanwhile, he urged the court through advocate K R Koshti to ask Modi and Jadeja to state if they have to say anything about the issue. Varma cited section 401(2) of the CrPC that the accused should be granted an opportunity to be heard before passing any order in revision application.
To this, special prosecutor R C Kodekar submitted that the complainant cannot espouse the accused's cause, and terming Modi an accused at this juncture is premature and urged the court to dismiss the plea.
Additional sessions judge G N Rana turned down the application for issuance of notice on the ground that it can be done when the court takes action against the accused or passes any order that is prejudicial to him.
http://timesofindia.indiatimes.com/followceleb.cms?alias=Prime Minister,Narendra Modi,Ahmedabad court,Aam Aadmi Party
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