Tipu Jayanti: High Court remits case back to Magistrate court, against MP and MLA

Team Udayavani, Feb 23, 2021, 1:30 PM IST

Source: Wikipedia

Bengaluru: The case against two BJP leaders- MP Anant Kumar Hegde and MLA CT Ravi, over their alleged provocative remarks intending to create enmity between two religions and disturbing communal harmony over Tipu Jayanti celebrations, has been sent back to the magistrate court by the Karnataka High Court.

While allowing the petition filed by social activist A Alam Pasha questioning the order passed by the magistrate court, Justice John Cunha passed the order.

Pasha had filed the petition before the magistrate court, seeking directions to investigate the objectionable statement allegedly made by Hegde and Ravi on boycotting Tipu Jayanti under section 156 (3) of the CrPC

Observing that there are no allegations attracting the offenses under the Prevention of Corruption Act, Justice Cunha added that the question of obtaining sanction at the stage of referring a complaint about investigation under Section 156 (3) of CrPC does not arise.

The judge further observed that the need to obtain sanction from the competent government would arise after the completion of the investigation and not at the pre-cognizance stage, as he quashed the order passed by the magistrate on November 4, 2017.

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