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

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