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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