out against the applicant. He further submits that as there are no ingredients to substantiate the said fact as alleged in the FIR, therefore, the proceedings intiated amounts to nothing but abuse of process of law and the same is liable to be quashed. 5. Per Contra, learned AGA for the State submits that after recording the statements of the informant/opposite party no.2 as well as other independent witnesses, namely, Shashi Anand Singh, Sudhir Singh, Vaibhav Singh, Kuldeep Singha and Sarvesh Yadav, the Investigating Officer has submitted the charge sheet against the applicant under Section 295A IPC and Section 67 of I.T. Act, 2008. He further submits that during investigation, two mobile phones have been recovered from the applicants and on examination of whats-app messages of the aforesaid, the allegations as leveled against the applicant regarding the messages are found to be true as the same finds place in the whats-app chat of the applicant. He further submits that on perusal of the first information report as well as the statements as given by the witnesses, cognizable offence is made out against the applicant. As regards the submission made by learned counsel for the applicant regarding the applicant has only received the message, learned AGA submits that he admits that the aforesaid message has been received by him and in the whats-app chat, he admits that he may be excused and forgiven for the fault, which has been committed by him, which means that he admits that he has received the message and sent the same to other groups. From the aforesaid, the offence under Section 67 of I.T. Act is made out as such messages are found in the whatsapp chat of the mobile recovered from the applicant. Therefore, the present application is liable to be dismissed. 6. I have considered the rival submissions advanced by learned counsel for the parties and perused the material available on record. 7. Before proceeding to consider the respective submissions of learned counsel for the parties, it is useful to extract the provisions of Section 295A IPC, which is as under:"295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.—Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 273 [citizens of India], 274 [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both."

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