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'Modi Surname' Remark: Gujarat High Court Vacates Stay On Criminal Defamation Case Against Rahul Gandhi
Udit Singh
23 Feb 2023 11:15 AM IST
The Gujarat High Court has vacated the stay on trial in criminal defamation case against Congress leader and MP Rahul Gandhi, filed by Surat West MLA Purnesh Modi for his alleged remarks “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019.The single judge bench of Justice Vipul M. Pancholi vacated the stay after the petitioner submitted...
The Gujarat High Court has vacated the stay on trial in criminal defamation case against Congress leader and MP Rahul Gandhi, filed by Surat West MLA Purnesh Modi for his alleged remarks “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019.
The single judge bench of Justice Vipul M. Pancholi vacated the stay after the petitioner submitted that sufficient evidence has come on record of the trial court and the stay order will only delay the trial.
Purnesh Modi has filed a complaint under Sections 499 and 500 of the Indian Penal Code against Rahul Gandhi for his alleged remarks by stating that it has defamed all people with ‘Modi’ surname.
Earlier during the proceedings before the trial court, the petitioner had produced electronic evidence relating to the speech and submitted an application to call upon Gandhi to explain its contents.
The petitioner had sought a stay on trial after the Magistrate court rejected the above application and denied his request for adjournment.
The single judge bench of the Gujarat High Court vide order 07.03.2022 had ordered stay order on trial.
The petitioner now sought to withdraw his petition stating that sufficient material has come on record before the trial court.
Case Title: Purnesh Ishvarbhai Modi v. State of Guajrat
Case Citation: 2023 Livelaw (Guj) 41
Coram: Justice Vipul M. Pancholi
