Keywords: – Allahabad High Court, FIR, Section 482 of the CrPC, Judgment.
In a recent ruling, the Allahabad High Court made the decision not to dismiss a case involving a man who was accused of sharing an extremely objectionable image of Lord Hanuman along with an offensive caption. [Rajesh Kumar v State]
The court, presided over by Justice Prashant Kumar, expressed its shock at the allegations mentioned in the first information report (FIR) against the accused. Additionally, the court concluded that there was sufficient evidence to establish a prima facie case against the accused.
Consequently, the court refused to quash the case.
“The limit of exercising jurisdiction conferred on the High Court under Section 482 Cr.P.C. is well defined, by no stretch of imagination, it could be said that the instant application filed under Section 482 Cr.P.C. fulfills the requirement as contemplated. Hence, I see no reason to interfere and entertain the instant application filed under Section 482 Cr.P.C,” the judge observed, in his June 5 order.
The accused, Rajesh Kumar, found himself facing an FIR for allegedly engaging in activities that disrupted communal harmony, committed public mischief, and hurt religious sentiments. The specific accusation against him revolved around the act of sharing a highly offensive image of Lord Hanuman, accompanied by a caption that further added to its disrespectful nature. A charge sheet had been filed after a thorough investigation into the matter.
Seeking resolution, Rajesh Kumar approached the High Court with a plea under Section 482 of the Code of Criminal Procedure (CrPC), requesting the court to dismiss the case against him.
In considering the plea, the High Court referred to the Supreme Court’s judgment in the case of State of Haryana v Bhajan Lal. This landmark judgment laid down guidelines pertaining to the exercise of inherent powers by High Courts under Section 482 of the CrPC. Adhering to these guidelines, the High Court concluded that the present case did not warrant the invocation of its powers to dismiss the case under Section 482 of the CrPC.
To support its decision, the High Court also relied on the precedent set by the case of Kaptan Singh v State of Uttar Pradesh,. In that case, it was established that if an application under Section 482 of the CrPC is filed against a charge sheet that follows a police investigation, the circumstances would be distinct.
Considering the stage of the proceedings, the Court refused to delve into the merits of the matter and ultimately dismissed the plea of the accused.
Advocates Juned Alam and Mohd Hamid represented Rajesh Kumar during the proceedings.
Read Order: – https://images.assettype.com/barandbench/2023-06/e12a4b9e-cf94-42ca-a0d1-a417977b841a/Rajesh_Kumar_v_State.pdf
Written by- Mubashara Fatima, College name- Unity PG and Law College, Semester- 6th, intern under Legal Vidhiya
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