OWAIS KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vivek Saran, learned counsel for the applicant, Sri Shashi Dhar Pandey, learned Additional Government Advocate for the State-opposite party no.1 and perused the record.

(2.) In this matter an FIR was lodged on 4/6/2022 under Ss. 153-A, 295-A IPC and Sec. 6 of Information Technology (Amendment) Act, Police Station Chharra, District Aligarh. The allegation in the FIR was that the applicant had posted derogatory remarks and also deliberately posted derogatory photos of Lord Shiva on social media platform with the intention of hurting the religious feelings of other community. It was further alleged that he also posted a comment that the divider on the road was treated as the Shivling and has put to ridicule, and further had used derogatory language on Hindu Society. After detailed investigation charge sheet was filed on 2/9/2022. The trial Court had taken cognizance and issued summons on 13/1/2023.

(3.) The present application under Sec. 482 Cr.P.C. has been filed by the applicant, praying for quashing the charge sheet dtd. 2/9/2022, and summoning order dtd. 13/1/2023, as well as entire proceedings of Case No.28 of 2023 (State Vs. Asif and others), arising out of Case Crime No.120 of 2022, under Ss. 153-A, 295-A IPC and Sec. 6 of Information Technology (Amendment) Act, Police Station Chharra, District Aligarh.