Delhi HC Declines to Quash FIR Against NGO Accused Of Misusing PM Modi's Name & Image
|The Delhi High Court declined to quash an FIR against the founder of Modi Charitable Trust, accused of misusing the name and image of Prime Minister Narendra Modi.
An FIR was registered under Sections 420 and 419 of the IPC alleging that the petitioner, through his NGO, misrepresented the Modi Charitable Trust trust by using the name and image of the Prime Minister. The complainant, a Deputy Secretary from the Ministry of Home Affairs, accused Pandey of deceiving the public and gaining funds by associating the NGO with the Prime Minister.
A Single Bench of Justice Amit Mahajan observed, “When the allegations as noted in the FIR, discloses the commission of cognizable offence, the Court is not required to consider on merits, whether the allegations make out a cognizable offence or not at the initial stage and the Court has to permit the investigating agency to investigate.”
Advocate Shivam Sharma represented the petitioner, while ASC Amol Sinha appeared for the respondent.
The Court explained that in order to constitute offences under Sections 420 and 419 of the IPC, the necessary ingredient required to be proved was “the dishonest inducement by an accused and that too, by personating to be someone else, for obtaining wrongful gain at the expense of others.”
The Court further pointed out that the petitioner’s surname was not actually ‘Modi’. The advertisements broadcasted on YouTube and other National News channels with the picture of the Prime Minister were what attracted the allegations of dishonestly inducing people to deliver properties in the form of donations. The FIR, therefore, disclosed the commission of cognizable offences.
“The Police has statutory right and duty to investigate into all aspects of the cognizable offence as alleged. The investigation is at a nascent stage and the Court while exercising power under Section 482 of the CrPC ought not to thwart an investigation,” the Court remarked.
Accordingly, the High Court dismissed the petition.
Cause Title: Pawan Pandey v. State of NCT of Delhi
Appearance:
Petitioner: Advocates Shivam Sharma and Ranjeet Kumar
Respondent: ASC Amol Sinha; Advocates Kshitiz Garg, Ashvini Kumar and Chavi Lazarus