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Plea seeking trial against Fadnavis restored by Nagpur court

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Press Trust of India Nagpur

A court here restored on Friday an application seeking criminal proceedings against Maharashtra Chief Minister Devendra Fadnavis for alleged non-disclosure of two criminal cases against him in an election affidavit.

A magistrate's court here said it would pass order on issuance of process (notice) to the defendant (Fadnavis) on November 4.

City-based lawyer Satish Uke had filed an application in the court seeking that criminal proceedings be initiated against Fadnavis.

In 2015, the magistrate's court had dismissed Uke's application with the same demand. He then moved the sessions court, which, in 2016, allowed the application.

Fadnavis challenged the sessions court's order in the Bombay High Court.

 

The high court quashed the sessions court's order and upheld the magistrate's order dismissing the application.

Uke filed an appeal in the Supreme Court, which, on October 1, set aside the high court order.

The apex court noted that prima facie, a case under section 125 of the Representation of the People Act (hiding information or furnishing false information in poll affidavit) was made out against the Bharatiya Janata Party (BJP) leader and directed the magistrate's court to go ahead with Uke's application.

Uke said on Friday he would also file a representation before the Maharashtra governor, requesting that Fadnavis should not be allowed to take oath as chief minister (following the October 21 Assembly polls) when the case against him was being heard by the magistrate's court.

Uke has contended that the chief minister filed a false affidavit in 2014 by not disclosing two pending criminal cases against him.

The cases of alleged cheating and forgery were filed against Fadnavis in 1996 and 1998, but charges were not framed in both the matters.

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First Published: Nov 01 2019 | 8:50 PM IST

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