8. On close reading of aforesaid Section 295A IPC, it indicates that section 295A does not stipulate everything to be penalized and any and every act would tantamount to insult or attempt to insult the religion or the religious beliefs of class of citizens. It penalize only those acts of insults to or those varieties of attempts to insult the religion or religious belief of a class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class of citizens. Insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within the Section. 9. Having examined the matter in its entirety, here it would be apposite to mention that this Court is of the view that it is beyond the shadow of doubt that social media is a global platform for exchange of thoughts, opinions and ideas. The internet and social media has become an important tool through which individuals can exercise their right to freedom of expression but the right to freedom of expression comes with its own set of special responsibilities and duties. It does not confer upon the citizens the right to speak without responsibility nor does it grant unfettered licence for every possible use of language. 10. From the records, the Court finds that the applicant admits that the aforesaid message has been received by him and in the whatsapp 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. 11. Upon perusal of F.I.R. and the allegations made therein as well as material against the applicant, as per prosecution case, the cognizable offence against the applicant is made out. Perusal of charge sheet submitted against the applicant shows that after investigation, the investigating officer has submitted charge sheet after collecting cogent and reliable evidence against the applicant and thereafter the learned Magistrate has rightly summoned the applicant to face trial. 12. In view of the aforesaid, the application lacks merit and is, accordingly, dismissed. Order Date :- 16.5.2023 Jitendra/Digitally signed by :JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières