The single-judge bench of the Jharkhand High Court postponed the order in which the non-bailable warrant was issued against Rahul Gandhi in connection with the defamation case for a month enabling the petitioner to participate in the proceeding in the court below.
Brief facts
The present writ petition is filed by the Petitioner in order to quash the order passed by the learned Judicial Magistrate, 1st Class -cum Special Court MP/ MLA, Chaibasa whereby and whereunder a non-bailable warrant has been issued against the petitioner.
Contentions of the Petitioner
The Petitioner contended that the Petitioner wants to take part in the proceeding. As the petitioner had previously received an interim protection that has now been vacated, there was some miscommunication.
Observations of the Court
The Hon’ble court while observing that it is a bailable offence, postponed the impugned order for a month enabling the petitioner to participate in the proceeding in the court below.
The court directed the court below to proceed appropriately and issue a fresh order in compliance with the law if the petitioner participates in the proceeding, unaffected by its previous order or this Court's order.
The decision of the court
With the above direction, the court disposed of the writ petition.
Case title: Rahul Gandhi Vs The State of Jharkhand
Coram: Hon’ble Mr. Justice Rajesh Kumar
Case No: W.P.(Cr.) No.230 of 2024
Advocates for the Petitioner: Mr. Kaushik Sarkhel, Advocate Mr. Deepankar, Advocate Mr. Shray Mishra, Advocate
Advocate for the State: Mr. Anish Kr. Mishra, A.C to Sr. S.C-I
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