It is alleged in the complaint that the petitioner made a public statement to the following effect:- “Jo bhi do thug hai na, jo thug hai, thug ko anumati jo hai, aaj ke desh ke condition me dekha jaye then only Gujarati hi thug ho sakte hai, aur uske thug ko maaf kiya jayega.
Also Read: https://newslaw.in/case-type/civil/moratorium-application-in-insolvency-case/
According to the case made out in the complaint, as a result of the said utterances, people from other societies have started looking upon Gujaratis as crooks and criminals. In that context, I was asked whether the CBI has failed to bring back Mehul Choksi to India.
Therefore, I unconditionally withdraw that part of my statement made on 22.03.2023 in which I use the expression that only “Only Gujarati may be swindler and these swindlers may be exonerated”. ”
(underline supplied)
Also Read: https://newslaw.in/supreme-court/acquittal-in-ipc-offences-lack-of-test-identification-parade/
From the two affidavits, it is clear that not only has the petitioner withdrawn the offending statements made by him based on which the complaint was filed, but he has also stated that he never intended to defame Gujaratis as a community.
On 5 February 2024, the learned counsel appearing for the respondent stated that the respondent has not given him specific instructions to consent to quashing the complaint.
However, in the facts of the present case, not only that the statements have been unconditionally withdrawn, but the petitioner has also explained the circumstances and the context in which the statements were made. Now, after the petitioner has explained the context in which he made the statements and after withdrawal of those statements, in the facts of the case, it is unjust to continue the prosecution.
Also Read: https://newslaw.in/case-type/criminal/consensual-relationship-and-misconception-of-consent/
The petition is disposed of on the above terms.
Case Title: TEJASHWI PRASAD YADAV Vs. HARESHBHAI PRANSHANKAR MEHTA (2024 INSC 108)
Case Number: T.P.(Crl.) No.-000846 / 2023
