RAHUL GANDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This matter is specially assigned to this Bench by Hon'ble the Chief Justice in terms of the direction of the Hon'ble Apex Court in Ashwini Kumar Upadhyay Vs. Union of India reported in 2023 SCC Online SC 1463 since the petitioner herein is a sitting Legislator (Member of Parliament)

(2.) Heard Mr. A. M. Bora, learned Senior Counsel, assisted by Mr. V. A. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Public Prosecutor, Assam, representing the respondent No. 1 and Mr. B. K. Mahajan, learned counsel with Mr. N. Mahajan, learned counsel for the respondent No. 2.

(3.) The present application under Sec. 438/442 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS), is filed challenging the impugned judgment and order dtd. 22/9/2023 passed by the learned Court of Additional Sessions Judge No. 2, Kamrup (M), at Guwahati in Criminal Revision No. 26/2023.