Last year, a petition was filed in the district court of Prayagraj by the petitioner against Prime Minister Narendra Modi for wearing the uniform of the Indian Army on his visit to Kashmir. It was said by the petitioner that PM Modi wore the uniform of the Indian Army in Kashmir last year, which is a punishable offense under section 140 of IPC (disguise or token used by soldier, sailor, or airman).
The petitioner Rakesh Nath Pandey had filed his application under section 156(3) of CrPC.
Recently, the District Court of Prayagraj has issued a notice to the PMO (Prime Minister’s Office) on this petition.
If seen as reported by Dainik Bhaskar, Judge Nalin Kumar Srivastava of a District Court in Prayagraj, after hearing and understanding the arguments of advocate Rakesh Nath Pandey, issued the notice, applying Section 156(3) of the Code of Criminal Procedure. 156(3), which empowers the Magistrate to order an inquiry into a cognizable offence. Pandey argued that the Honourable PM Modi wore the Indian Army uniform last year, at Nowshera in Kashmir, which under section 140 (disguise used by a soldier, sailor or airman or carrying token), makes it a punishable offence.
As per section 140:
Any dress used by a soldier, sailor or airman, other than a soldier, who wears such dress or possesses any garment used by such soldier or a token resembling a token, shall be punished with anyone with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Chief Judicial Magistrate Harendra Nath had dismissed this petition in December 2021 for not coming under his jurisdiction, but District Judge Nalin Kumar Srivastava, taking action on the application, issued a notice to the PMO.
Pandey’s petition was filed against Prime Minister Modi, and a case was registered, along with issuing the notice, the date of March 2 has been fixed for the hearing of the matter.