Neutral Citation No. - 2023:AHC:106015
Court No. - 68
Case :- APPLICATION U/S 482 No. - 6090 of 2023
Applicant :- Dr.Shiv Sidharth @ Shiv Kumar Bharti
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Brijesh Kumar Prajapati
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Brijesh Kumar Prajapati, learned counsel for the
applicant and Mr. Sanjay Singh, learned AGA for the State.
2. This application U/s 482 Cr.P.C. has been filed with a prayer to
quash the charge sheet dated 31.10.2021 in Criminal Case No.25
of 2020 arising out of Case Crime No.0304 of 2021, under
Sections 295A IPC and Section 67 of I.T. Act, 2008, Police
Station-Badlapur, District-Jaunpur, pending before the court of
Additional Civil Judge (S.D.), Jaunpur.
3. Brief facts of the case are that an FIR has been lodged by the
complainant; Akhand Pratap Singh against the applicant on
08.10.2021 at about 7:41 hrs, under Sections 67 of I.T. Act, which
came to be registered as Case Crime No.0304 of 2021 with the
allegations that an objectionable message has been posted on
social media (Whatsapp) regarding the remarks on "Maa Durga",
which has hurt the sentiments of the people of the Hindu
community and there is a resistance shown by the aforesaid
community. After investigation, the Investigating Officer has
submitted the charge sheet under Section 295A IPC and Section 67
of I.T. Act, 2008, pursuant to which the applicant has been
summoned by the concerned court vide order dated 31.10.2021.
Hence, the present petition has been filed.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. The
applicant had received the message, but the same was not
sent/forwarded by him. He further submits that the applicant has
neither sent any such message nor he could do anything like this
and has been falsely implicated by the opposite party no.2, who
belongs to Hindu Vahini. He further submits that no ingredient of
Section 67 of I.T. Act are existing under the facts and
circumstances of the case, therefore, no offence under the relevant
sections is made out against the applicant but the court below has
utterly failed to consider the above as no prima facie case is made