RAHUL GANDHI Vs. RAJESH MAHADEV KUNTE AND ORS.

JUDGEMENT

(1.) Admitted. By consent of the parties taken up forthwith for final hearing.

(2.) The Petitioner is member of Parliament and is vice president of Indian National Congress (I.N.C.). He is aggrieved by the order passed by the 3rd Judicial Magistrate, First Class, Bhiwandi in OMA/353/2014 dated 1172014 summoning the Petitioner to appear before him and to answer the charge for the offence punishable under section 500 of the IPC. The process has been issued on the complaint filed by Respondent No.1. The Respondent No.1 is a resident of Bhiwandi (DistrictThane) and claims to be a member of Rashtriya Swayamsevak Sangh(R.S.S.) since childhood. At present he is working as Karyawah (Secretary) of Rashtriya Swayamsevak Sangh, Bhiwandi Taluka.

(3.) He has alleged that there was a rally of I.N.C. on 632014 at village Sonale near Bhiwandi for parliament election campaign. The rally was addressed by the Petitioner. It is alleged that the Petitioner during the course of address to the public and media had alleged that the members belonging to R.S.S. had killed Gandhiji. English translation of alleged offending portion can be reproduced as under :