SIDHIQUE KAPPAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri. I.B. Singh, learned Senior Advocate assisted by Sri. Ishan Baghel, learned counsel for the applicant, Sri. Anirudh Kumar Singh, learned A.G.A.-I for the State.

(2.) Instant application under Sec. 482 Cr.P.C. has been filed with a prayer to quash the order dtd. 19/12/2022 passed by the learned Special Judge, NIA/ATS/Additional District and Sessions Judge-5, Lucknow in Sessions Case No. 2219 of 2021, arising out of FIR No. 199 of 2020, Police Station-Mant, District-Mathura, under Sec. 153-A, 295A, 120-B I.P.C. and Sec. 17, 18, of U.P.P.A. Act, 1967 and Sec. 65 and 72 of the I.T. Act, 2008. It has further been prayed to direct the learned Special Judge, NIA/ATS/Additional District and Sessions Judge-5, Lucknow to decide the Discharge Application dtd. 19/12/2022 of the applicant on merit, after affording opportunity of hearing.

(3.) The factual matrix of the case in brief is that the applicant is a Journalist and was working for AZHIMUKHAM.COM. and when he was travelling to Hathras to cover the incident of "Hathras Gangrape" for reporting, he was arrested and detained under Sec. 107, 116 and 151 of Cr. P.C. on 5/10/2020 and was produced before the SDM Court at Mathura on 6/10/2020 and thereafter, he was sent to judicial remand under Sec. 167 Cr. P.C. However, on 6/10/2022, a false narrative was made in the media that four PFI members have been arrested by the police and thereafter, F.I.R. No. 199 of 2020 dtd. 7/10/2022 was registered under Sec. 153-A, 295 A and 124 I.P.C; Sec. 17 and 18 of UAPA Act and 65, 72 and 76 of the IT Act and thereafter, the chargesheet was filed on 2/4/2021 and the matter proceeded.