Jack Dorsey vs State Of Rajasthan on 7 April, 2020 Brahminical Patriarchy" on the Twitter account, the accused intentionally hurt the religious sentiments of the Brahmin people at large and also defamed the entire Brahmin society. On these grounds, they sought dismissal of the miscellaneous petitions urging that the allegations set out in the impugned FIR do disclose the necessary (6 of 7) [CRLMP-2818/2019] ingredients of cognizable offences and thus, the same should not be quashed in exercise of this court's inherent powers. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the impugned FIR as well as the factual report placed on record by the Investigating Officer. As per the entire set of allegations made in the impugned FIR and the factual report, it is manifest that the petitioner Jack Dorsey, being the CEO of the social media company Twitter, was on a tour of India when the incident took place. As per the contents of the FIR, the offending picture uploaded on the Twitter platform depicts the petitioner with few ladies and a placard is displayed on which the allegedly offending words "Smash Brahminical Patriarchy" were inscribed. Upon a consideration of the entire factual matrix, I am in conformity with the assertions of the petitioners' counsel that the words referred to supra cannot be construed as having any direct link with the religious sentiments of any section of society. The phrase which has been castigated as offending in the FIR, may be construed as laying a challenge to the sociological concepts of a particular section/gender of the Brahmin community, but by no stretch of imagination can it be perceived that these words can even remotely be considered as hurting the religious sentiments of any citizen of India nor the same can be interpreted as creating a religion based rift in any section of society. The words in the poster at best convey the feelings of the concerned person regarding being strongly opposed to the Brahminical Patriarchal system and desirous of denouncing the same. Whether or not to follow or oppose the patriarchal system in the society is a matter of personal choice and cannot be thrust down anyone's throat. In (7 of 7) [CRLMP-2818/2019] this background, I am of the firm view that from a bare perusal of the allegations set out in the impugned FIR, the ingredients of the offences alleged are prima facie not made out. Without prejudice to the above, counsel Mr. Bora acting on instructions, assured that the petitioner Ms. Anna M.M. Vetticad, who unintentionally posted the picture on her Twitter account, would be tendering an apology on her account for placating the sentiments of the complainant or any other person, who may have been offended thereby. In wake of the discussion made hereinabove, I am of the firm opinion that allowing investigation of the impugned FIR to be continued is absolutely uncalled for. Without any doubt in the mind of this court, the impugned FIR does not disclose necessary ingredients of any cognizable offence so as to warrant its registration and investigation in furtherance thereof. Consequently, the miscellaneous petitions deserve to be and are hereby allowed. The impugned FIR No.458/2018 registered at the Police Station Basni, District Jodhpur and all subsequent proceedings sought to be taken thereunder are hereby quashed. The stay application is also disposed of. (SANDEEP MEHTA),J Pramod/- Indian Kanoon - http://indiankanoon.org/doc/150716343/ 4

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