The Division Bench of the Allahabad High Court, comprising Justice Anjani Kumar Mishra and Justice Nand Prabha Shukla in the case of Sachin Chaudhary vs. State Of U.P. and 2 Others has refused to quash First Information Report against the petitioner for making remark against Prime Minister Narendra Modi and Gautam Adani which allegedly potentialities of disturbing communal harmony and public tranquility. .
Submission of the Petitioner
The Counsel appearing on the behalf of the petitioner submitted that in a press conference, the words spoken by petitioner cannot and should not attract Section 153-A of IPC. The allegations in the First Information Report are vague and it is hard to understand as to how the words would disturb communal harmony. He further asserted that the first information report is mala fide and has been prompted by political reasons.
Submission of the Prosecution
The Counsel appearing on the behalf of the State opposed the writ petition and has stated that the statement made by the learned counsel for the petitioner in a press conference are definitely such which are prejudicial to the maintenance of harmony between groups or communities and have the potentialities of disturbing communal harmony and public tranquility.
Reasoning and Decision of the Court
The Court considered the submissions by learned counsel for the parties and perused the first information report and expounded that the offence alleged in the impugned FIR would definitely fall within the ambit of Section 153-A and Section 505(2) of IPC which are cognizable offence.
Therefore, the Court held that FIR cannot be quashed and dismissed the writ petition.
Case Details
Case:- CRIMINAL MISC. WRIT PETITION No. - 5740 of 2023
Petitioner:- Sachin Chaudhary
Respondent:- State Of U.P. And 2 Others
Counsel for the Petitioner - Kumar Kartikeya,Chandra Shekhar Singh
Counsel for the Respondent – GA
Judge: Justice Anjani Kumar Mishra and Justice Nand Prabha Shukla
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