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Synopsis

A Varanasi court on Wednesday rejected a criminal revision petition seeking registration of a first information report (FIR) against AIMIM Chief Asaduddin Owaisi and Samajwadi Party Chief Akhilesh Yadav for their allegedly controversial comments pertaining to Kashi Vishwanath-Gyanvapi Mosque case.

The plea, filed by Advocate Hari Shankar Pandey, was dismissed by Additional District and Sessions Judge Vinod Kumar. 

In February, last year Additional Chief Judicial Magistrate Ujjawal Upadhyay had dismissed a plea by Pandey under Section 156(3) of the Code of Criminal Procedure seeking FIR registration against Yadav and Owaisi for their allegedly controversial comments.

The ACJM Court had dismissed Pandey's plea stating that no cognizable offence was made out against the accused persons as alleged. 

Advocate Pandey has alleged that through their comments on the 'Shiva Linga' found inside the Gyanvapi complex, the two leaders hurt the religious sentiments and were trying to instigate the emotions of the people for the purpose of votes.

While tabling his verdict last year, the ACJM Court had taken note of the fact that the state administration, which was responsible for the maintenance of law and order, had not taken any action against the two accused persons. Court had opined that there was no ground to intervene in the authorities’ decision.

On May 16, 2022, during a survey by the court-appointed commission, a Shivlinga-like structure was found inside the Wazookhana of the Gyanvapi complex. 

On the same day, Civil Judge (Senior Division) Ravi Kumar Diwakar passed an order to seal the disputed site at the complex.

The structure, which was found during a court-ordered survey of the Gyanvapi, is being alleged to be a Shivlingam by the Hindu side, and a fountain by the Mosque side.

A plea seeking a scientific investigation of the black stone (alleged Shivlingam) to determine its age, nature, and other constituents is pending before the local court.