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
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