Non-disclosure of Criminal Cases: Summons Issued Against Devendra Fadnavis By Magistrate Court

A Judicial Magistrate First Class (JMFC) has issued summons against Devendra Fadnavis, Chief Minister of Maharashtra in the previous government, and asked him to remain present in Court on December 4 in relation to a case filed by Advocate Satish Uke alleging that Fadnavis failed to disclose a couple of pending criminal cases against him while filing his nomination papers for the 2014 Assembly elections.

SD Mehta, JMFC, Nagpur passed the order on Monday issuing process against Fadnavis for offence under Section 125A of People's Representation Act after the Supreme Court set aside the Bombay High Court's clean chit to Fadnavis and asked the Magistrate Court to go ahead with Uke's complaint.

According to Uke, Fadnavis is one of the accused in a case registered for offences under Sections 217, 218, 220, 425, 420, 466, 467, 468, 469, 471, 474, 109, 506B read with Section 34 of the IPC and a case under Section 500 of the IPC. Although, charges are yet to be filed in this case.

In order dated October 1, 2019, Supreme Court's bench of CJI Ranjan Gogoi, Justice Deepak Gupta and Justice Aniruddha Bose observed that prima facie case under Section 125 of the Representation of Peoples Act was made out against Fadnavis.

Apex Court noted-

"Long and short of the matter is that you had to disclose the pending cases where charges have been framed. You did it. But you missed out in giving details of two cases (where court has taken cognizance)."

In 2014, Uke first filed a criminal application before the Additional Chief Judicial Magistrate (ACJM) in Nagpur which was rejected. Then, he filed a criminal revision application before the Sessions Court in 2016, which was allowed.

Devendra Fadnavis then challenged the sessions court order before the Bombay High Court, which quashed the sessions court's order and upheld the ACJM's order dismissing the application. Consequently, Uke filed an appeal before the Apex Court.