RAHUL GANDHI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Pranshu Agrawal and Sri. Mohd. Yasir Abbasi, the learned counsel for the applicant, Shri Vinod Kumar Shahi, the leared Additional Advocate General, Dr. V. K. Singh, the learned Government Advocate, Sri Anurag Verma, the learned AGA-I and Shri Shivendra Shivam Singh Rathore, the learned State Counsel appearing on behalf of the opposite party no. 1 "" the State of U.P.

(2.) The instant Application under Sec. 482 Cr.P.C. has been filed challenging validity of an order dtd. 11/2/2025 passed by the learned Additional Chief Judicial Magistrate, Court No.27, Lucknow in Misc. Case No.109161 of 2023, Police Station Sushant Golf City, District Lucknow titled "Udai Shankar Srivastava v. Rahul Gandhi", summoning the applicant to face trial for the offence under Sec. 500 of the Penal Code. The applicant has also sought quashing of the entire proceedings of the aforesaid complaint case.

(3.) The opposite party No.2 has filed the aforesaid complaint against the applicant stating that the complainant is a senior citizen, who has retired from the post of Director in Border Roads Organization, which position is equivalent to the post of Colonel in Indian Army. The complainant has immense respect towards the courage and valor of the Indian Army and any disrespectful comment against the Indian Army made with the object of demoralizing the Indian Army and portraying its achievements in a demeaning manner, amount to an insult of the Indian Army as well of as of the entire nation, which hurts the complainant. The applicant, who has held the office of a Member of the Indian Parliament several times, stated on 16/12/2022 during his 'Bharat Jodo Yatra' in presence of media persons and a large gathering of public regarding a face-off that took place between the Indian Army and the Chinese Army at the border of India in Arunachal Pradesh on 9/12/2022 that "People will ask about Bharat Jodo Yatra, here and there, Ashok Gahlot and Sachin Pilot and whatnot. But they will not ask a single question about China capturing 2000 square kilometers of Indian territory, killing 20 Indian soldiers and thrashing our soldiers in Arunachal Pradesh. But the Indian press doesn't ask a question to them about this. Isn't it true? The nation is watching all this. Don't pretend that people don't know."