The case relating to a communally sensitive CD allegedly released by the Bharatiya Janata Party ahead of the Uttar Pradesh assembly polls returned on Wednesday to haunt party chief Rajnath Singh and senior state leader Lalji Tandon as the state police said it has finalised a charge sheet against them.

DGP Vikram Singh said he case would be determined on the basis of evidence and the matter was being investigated. "When we reach a conclusion, we will let you know", he said.

The issue of the CD, which contained inflammatory remarks about towards a community, had rocked the state in the run up to last year's assembly elections.

An FIR was registered at the directive of the election commission against Rajnath Singh, who was the then the state BJP chief, Lalji Tandon and eight other BJP leaders, on the charge of violation of model code of conduct.

Additional Director General of Police (Law and Order) Brijlal said the case against the BJP leaders was under investigation.

Senior Superintendent of Police Akhil Kumar said a charge sheet had been prepared in the matter but it contained some discrepancies and was being re-examined.

"The circle officer of Hazratganj police station (where the FIR was filed) had prepared a charge sheet but it had some discrepancies and hence he has been directed to remove them," he said.

Kumar said the charge sheet would be filed in the court if sufficient evidence was found against the persons named in the FIR.

The BJP dubbed Uttar Pradesh police's plans to charge sheet its chief in connection with the CD as a move reflecting "abuse of police power" by the Mayawati government in the state.

"We had nothing to do with it. We had publicly condemned it on the direction of Election Commission and the matter ended there," BJP spokesman Ravi Shankar Prasad told reporters in Delhi while commenting on UP police's plans to file a charge sheet against Singh, senior leader Lalji Tandon and six others.

"When the CD issue came before the Election Commission, we had categorically stated that it was neither authorised nor made or approved by the party," he said.

Tandon said the party had apologised for "our fault and the person responsible has been removed from his post".

BJP legislature party leader Om Prakash Singh asked Chief Minister Mayawati not to sanction prosecution of Rajnath Singh and others in the matter.

"The matter is closed as far as we are concerned...We had already denied all the charges. No such CD was released...To rake up the matter again signals a political motive," he said.