Behind the Headlines: The Modi Charitable Trust Case Unveiled
Behind the Headlines: The Modi Charitable Trust Case Unveiled
Pawan Pandey v. State of NCT Delhi
WP Crl 824/2024
Before The Delhi High Court
Heard by Hon’ble Mr. Justice Amit Mahajan J
The Writ Petition was dismissed as the FIR apparently discloses the commission of cognizable offence.
Moreso, the investigating is at a very nascent stage and before investigating agency does its job, f at all FIR is quashed it would be like stalling the statutory right of the Investigating Agency.
Background
The petitioner filed WP read with section 482 Cr PC invoking inherent power of the High Court is for getting the FIR quashed. The FIR was registered at Police Station Special Cell for offences under Sections 419 & 420 IPC.
Fact
A complaint was made by the Deputy Secretary, Ministry of Home Affairs alleging that the petitioner is running an NGO in the name of Modi Charitable Trust and misrepresenting the name of the Prime Minister. The petitioner is using the picture of the Prime Minister along with his picture on National News Channel to deceive the public at large which was evidenced by an advertisement broadcasting the picture of the petitioner along with the Prime Minister.
The petitioner is receiving donations from the general public by using the name of PM.
The petitioner was arrested on 09.02.2024 and was released on bail on 26.02.2024.
Submission of the Counsel for the petitioner
Trust in the name of ‘Modi Charitable Trust’ was registered with different social objectives such as education, establishment of schools, providing hostels, libraries, etc.
FIR does not disclose any criminal offence except offence under Section 420 & 419 IPC.
The FIR has been registered only to harass and humiliate the petitioner and, therefore, the present FIR deserves to be quashed.
Submission of the Counsel of the State
The petitioner has cheated and dishonestly induced the public at large by running an NGO – ‘Modi Charitable Trust’, using the surname of the PM.
The petitioner’s Surname is Pandey and is not in any way connected with the Surname of the PM.
Observation of the Court
The powers under Section 482 of the CrPC are to be exercised sparingly and only where the allegations made in the complaint/FIR, even if taken at the face value, do not prima facie disclose the commission of offence.
To constitute offences under Sections 420 & 419 IPC, the necessary ingredient required to be proved is the dishonest inducement by an accused, and that too, by personating to be someone else, for obtaining wrongful gain at the expense of others.
In FIR specific allegations have been made that the petitioner is collecting donations by using the surname of the PM.
The picture of the PM has been used admittedly; the petitioner’s surname is not ‘MODI’.
The advertisements have been broadcasted on YouTube and other National News channels with the picture of the PM.
The allegations, that the petitioner is dishonestly inducing people to deliver the property in the form of donations. And the FIR, discloses commission of cognizable offences.
The Police has statutory right and duty to investigate into all aspects of the cognizable offence as alleged in the FIR.
The investigation is at a very beginning stage and the Court while exercising power under Section 482 of the CrPC ought not to prevent an investigation.
Seema Bhatnagar