Recently, Allahabad High Court refused to quash FIR registered under Section 505(2) IPC against a man who allegedly posted hate speech against Uttar Pradesh CM Yogi Adityanath and spiritual leader Dhirendra Shastri on his Facebook profile. Petitioner, Deepak Kumar member of the Bhim Army, approaches Allahabad High Court to quash the case registered against him under Section 505(2) (public mischief) of the Indian Penal Code, with a further prayer to stay his arrest.
Vijay Kumar Gautam filed complaint alleging that the petitioner made hate speech on Facebook against CM Adityanath and Shastri.
A division Bench of Justices Ramesh Sinha (now Chief Justice of Chhattisgarh High Court) and Narendra Kumar Johari observed that a prima facie case was made out against Deepak, and thereby rejected his plea.
"From the perusal of the F.I.R., prima facie, it cannot be said that no cognizable offence is made out, hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner," the Court observed.
Before the High Court, counsel for the petitioner argued that he was falsely implicated in the case with mala fide intention and that no offence was made out against him. On the other hand, counsel for the State submitted that the FIR discloses a cognizable offence against Deepak.
After considering the facts, the Court observed that it was apparent that the petitioner had made a derogatory and disrespectful comment against CM Adityanath and Shastri.
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