Bhim Kumar vs The State Of Bihar
2023 Latest Caselaw 1114 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
            CRIMINAL MISCELLANEOUS No.7013 of 2020
     Arising Out of PS. Case No.-45 Year-2019 Thana- NASRIGANJ District- Rohtas
======================================================

Bhim Kumar, S/o Raj Kumar Prasad, R/o village- Postal Road, Nasriganj Ward No. 1, P.S.- Nasriganj, District- Rohtas.

... ... Petitioner Versus The State of Bihar

... ... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party : Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT Date : 22-03-2023

Heard learned counsel for the petitioner and

learned APP for the State.

This application has been filed for quashing of

F.I.R. vide Nasriganj P.S. Case No. 45 of 2019 registered for the

offences under Sections 153-A and 295-A of the Indian Penal

Code.

As per the F.I.R. the informant, who is the Sub

Inspector of Police of Nasriganj Police Station, received an

information that due to some objectionable picture-message

posted on the WhatsApp, the persons of a particular community

raised hue and cry. On the basis of said information, the

informant reached the said place along with other police

personnel. After enquiry, the police found that one Shamsh Patna High Court CR. MISC. No.7013 of 2020 dt.22-03-2023

Tavrej @ Dilawan, who is the friend of the petitioner, has

showed the WhatsApp status of the petitioner to his community

and due to which the people of the said community are raising

hue and cry. Accordingly, the present F.I.R. has been lodged

against the petitioner.

Learned counsel for the petitioner submits that

during the investigation, the police did not find any material to

show that the petitioner has sent the alleged picture-message to

others. He also submits that the petitioner has only posted the

alleged picture-message on his WhatsApp status without any

intention to harm the sentiments of a particular religion. He

further submits that there is no material available on record to

show that the alleged picture-message has been made viral by

the petitioner.

Learned counsel for the petitioner also submits that

the petitioner is a student and is preparing for competitive

examinations. He lastly submits that from reading of the entire

F.I.R. no offence is made out against the petitioner.

In support of his contentions, learned counsel for

the petitioner has relied upon a decision of this Court rendered

in the case of Akhilesh Dutta Verma @ Akhilesh Prasad Sinha

vs. State of Bihar reported in 2017 4 PLJR 225. Patna High Court CR. MISC. No.7013 of 2020 dt.22-03-2023

Learned APP for the State fairly submits that in

view of the judgment, on which the petitioner relies, the

prosecution of the petitioner seems to be illegal and no offence

is made out against him.

I have considered the submissions of the parties

and perused the materials available on record.

The present F.I.R. has been lodged under Section

153-A and 295-A of the Indian Penal Code. The applicability of

Sections 153-A and 295-A of the Indian Penal Code has been

considered by the Hon'ble Supreme Court in catena of decisions

and it has been held that mens rea is a necessary ingredient for

attracting the offence under Section 153-A and 295-A of the

Indian Penal Code.

From perusal of the F.I.R. it appears that the

alleged picture-message has been posted by the petitioner on his

whatsApp status only and the same has been shown by his

friend to the people of a particular community. Further, there is

nothing on record which suggests that it is the petitioner who

has made viral the aforesaid picture-message in order to incite

the feeling of a particular community. Moreover, the petitioner

is a student and is preparing for competitive examinations and

continuance of the present prosecution will spoil his entire Patna High Court CR. MISC. No.7013 of 2020 dt.22-03-2023

career.

Considering the aforesaid facts and also in the

interest of justice, I find that no offence, as alleged in the F.I.R.

is made out against the petitioner and the F.I.R is fit to be

quashed in view of ratio laid down by the Hon'ble Apex Court

in the case of State of Haryana & Ors vs Ch. Bhajan Lal &

Ors. reported in AIR 1992 604.

Accordingly, this application is allowed.

Consequently, F.I.R. vide Nasriganj P.S. Case No. 45 of 2019

registered for the offences under Sections 153-A and 295-A of

the Indian Penal Code and all consequential proceedings arising

out of the said FIR are quashed in the interest of justice.

(Sandeep Kumar, J)

pawan/-

AFR/NAFR                N.A.F.R.
CAV DATE                N/A.
Uploading Date          29.03.2023
Transmission Date