By Admin 
The Additional Sessions Court of Baramati (Pune) has given a big relief to Maharashtra Deputy Chief Minister Ajit Pawar. The court quashed the issue of process order issued by a judicial magistrate against him in a case related to the 2014 Lok Sabha elections. The Sessions Court clearly said that the order of the Magistrate Court is not capable of standing the test of law and there is a clear lack of judicial discretion in it.
what is the whole matter
This case is related to an election meeting held in Baramati during the 2014 Lok Sabha elections. The complaint was lodged by retired IPS officer and then Lok Sabha candidate of Aam Aadmi Party (AAP) Suresh Khopde.
Khopade’s allegation was that on April 16, 2014, at an election rally, Ajit Pawar had allegedly threatened voters that if they did not vote in favor of his cousin and NCP leader Supriya Sule, the water supply to some villages would be cut off. On the basis of these allegations, a complaint was filed in the magistrate court and later an order was passed to issue process against Ajit Pawar.
Senior advocate Prashant Patil appeared in the sessions court on behalf of Ajit Pawar. He argued that the magistrate court issued the process without recording sufficient reasons and without judicial application of mind, which is against the law. Patil said that before summoning any accused, the court has to clarify whether prima facie a crime is made out or not.
Citing several decisions of the Bombay High Court, he said that the High Court has already strongly criticized such a trend where magistrate courts issue proceedings without giving concrete reasons.
No new evidence revealed in investigation report
Advocate Patil also told the court that the Magistrate himself had ordered investigation under Section 202 of the Code of Criminal Procedure, considering the video and audio evidence to be unclear. The investigation report also did not reveal any new or concrete evidence. Despite this, process was issued against Ajit Pawar on the basis of the same old and unclear material, which is wrong in law.
The sessions court said in its order that the magistrate’s decision is “perverse” i.e. irrational and contrary to law. The court also clarified that the order did not specify on what basis the essential elements of sections 171C and 171F of the Indian Penal Code are fulfilled. Issuing the process only on the basis of allegations cannot be considered justified.
The case was again sent to the magistrate court
The Additional Sessions Court has canceled the order of the lower court and sent the case back to the Magistrate Court. Now the magistrate will have to think afresh as per the law on the basis of available evidence. After this decision, the ongoing criminal proceedings against Ajit Pawar have been put on hold. This is being seen as a big legal relief for Ajit Pawar, while the further direction of the case will now depend on the new decision of the magistrate court.