ARUN JAITLEY Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant seeks to invoke the inherent powers of the Court conferred by Section 482 Cr.P.C. for quashing of Complaint Case No. 382 of 2015 and an order dated 19.10.2015, passed by the Judicial Magistrate, Kulpahar, Mahoba, U.P.

(2.) The record reveals that the Judicial Magistrate taking suo moto cognizance has proceeded to summon the applicant under Sections 124 A and 505 of the Penal Code. The concerned Magistrate has taken cognizance of the alleged offences on the basis of an article written by the applicant and posted on his Facebook page. The article is titled as "NJAC Judgement-An Alternative View". The Magistrate has recorded that no citizen has a right to disrespect the three pillars of our democracy namely, the Executive, Legislature and the Judiciary. He then proceeds to record that an order of a Court can be questioned only by following a procedure prescribed by law. The order then states that no person is entitled to create or generate hatred or contempt against an elected Government established by law. The Magistrate upon recording the above conclusions holds that the comments made by the applicant undoubtedly spread hatred and contempt against a duly elected Government and accordingly, in his opinion, the applicant prima facie appears to have committed offences under Section 124A and 505 I.P.C.

(3.) Referring to the provisions of Section190(1)(c), the Magistrate recorded that the above mentioned section of the Criminal Procedure Code conferred upon him a power to take suo moto cognizance. He then records that the power to take suo moto cognizance under clause (c) of sub-Section (1) of Section 190 of Cr.P.C. is not trammelled by the territorial jurisdiction of a Magistrate and that since the comments made by the applicant were widely published in the print and electronic media throughout the nation, it was open to a Magistrate anywhere in the country to exercise suo moto powers. He accordingly, proceeded to take cognizance under Section 190(1)(c) of the Criminal Procedure Code and issued summons to the applicant seeking his appearance before the Court on 19 November 2015.