The Allahabad High Court has rejected a plea by a man for quashing criminal proceedings initiated against him for posting a disrespectable picture of Lord Hanuman with a very objectionable tag line, by holding that the court should not get into merits of the case at the stage of taking cognisance.
A bench of Justice Prashant Kumar dismissed a petition filed by Rajesh Kumar under Section 482 of the Criminal Procedure Code for quashing the entire proceedings in the 2019 FIR lodged under Sections 505(2)/295 (A) I.P.C. and 67 I.T. Act, Police Station Milak, District Rampur.
"In this matter, a first information report was registered against the applicant on the ground that he had been instrumental in disturbing communal harmony. The allegation made in the F.I.R. is shocking. The applicant had posted a very objectionable and disrespectable picture of Lord Hanuman, with a very objectionable tag line. After the investigation, chargesheet has been filed. The court has taken cognizance after perusing the material available on record and came to a conclusion that prima facie case has been made out against the accused-applicant," the bench said.
The court said the instant matter does not fall under the guidelines laid down by the Supreme Court.
"The limit of exercising jurisdiction conferred on the High Court under Section 482 Cr.P.C. is well defined, by no stretch of imagination, it could be said that the instant application filed under Section 482 Cr.P.C.fulfills the requirement as contemplated. Hence, I see no reason to interfere and entertain the instant application filed under Section 482 Cr.P.C," the judge said.
The court cited Supreme Court's judgement in the case of 'State of Haryana and others vs Bhajan Lal (1992) which has laid down guidelines as to how the inherent power bestowed in the High Court should be exercised under Section 482 Cr.P.C.
It also relied upon the Supreme Court's judgement in the case of 'Amanullah & Anr vs State of Bihar & Ors' (2016) which has held that once a magistrate after perusing the evidence on record comes to the conclusion that prima facie case is made out and take cognizance then the High Court should not use the inherent power granted under Section 482 Cr.P.C, unless the order is ex facie illegal.
The High Court also referred to the Supreme Court's judgement in the case of 'Kaptan Singh Vs. State of Uttar Pradesh and others' (2021) which has held the High Court should not look into the charge sheet and the FIR where disputed questions of facts are involved, while dealing with the application under Section 482 Cr.P.C.
"It is well settled that at the stage of taking cognizance, the Court should not get in the merits of the case, at such stage, the Court's power is limited to the extent on finding out whether from the material placed before it, the offences alleged thereunder against the accused is made out or not with a view to proceed further with the case," the bench said.
