Additional sessions judge G N Rana issued notice to the state and posted the further hearing on September 20. He was hearing the revision application of Aam Aadmi Party member Nishant Verma.

The magistrate had dismissed Verma's application as it had been filed after a one-year delay.

However, additional Chief Judicial magistrate M M Sheikh of Ahmedabad rural court had also said in his June 30 order that offence under section 125(A)(3) of Representation of People Act had been committed by non-disclosure of marital status in the affidavit.

The section deals with penalty for concealing information while filing affidavit. The offence attracts up to six months' jail term. But the magistrate said that according to the Criminal Procedure Code, the complaint should have been filed within one year of the offence.

Verma's lawyer, advocate K R Koshti, argued that he had sought registration of first information report within a year.

"Information regarding Modi's marital status was made available on April 10 (this year) when he filed nomination papers for Vadodara Lok Sabha seat, and on the same day Verma intimated the authorities about the discrepancies in affidavits," Koshti argued.

Verma had moved the magistrate's court after Ranip police station here declined to register FIR against Modi.     Modi disclosed his marital status and the name of his wife (Jashodaben) for the first time during this year's Lok Sabha elections. When he contested Gujarat assembly polls in 2012, he had left the column on information about spouse blank.

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