PRIYANKA BHARTI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Syed Abid Ali Naqvi, learned counsel for the petitioner and Shri Amit Sinha, learned AGA-I for the State-Respondents.

(2.) Present petition has been filed seeking to quash the impugned FIR dtd. 29/12/2024, registered as Case Crime No.518 of 2024, under Sec. 299 of Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS"), Police Station Roravar, District Aligarh and further not to arrest the petitioner pursuant to said FIR.

(3.) Submission of the learned counsel for the petitioner is that no offence under Sec. 299 BNS has been committed. It is submitted that the petitioner is a highly qualified and a brilliant student of Jawaharlal Nehru University, New Delhi and has been registered in the Ph.D. Programme during the academic year 2024-25. It is further submitted that the petitioner is politically active lady, who is the active member of Rastriya Janta Dal (RJD) Party and she was appointed as spokesperson of the Rashtriya Janta Dal (RJD) Party alongwith three others spokespersons and the alleged incident had taken place when she was participating in the debate organized by the news channel "India TV" and "TV9 Bharatvarsh" as the spokesperson of the Rastriya Janta Dal (RJD) Party. During debate when she was being asked certain questions, the alleged incident had taken place and there was no intention or deliberate attempt knowingly or unknowingly to insult the sentiments and feelings of any person or religion and in any case it does not amount to affect the public order. It is next submitted that she had torn two pages of holy book 'Manusmriti' to which she had objection and the allegation that this was done intentionally for getting publicity is not correct but the real fact is that the petitioner had not done this act intentionally and therefore, would not attract Sec. 299 BNS. It is submitted that the petitioner is a law abiding citizen.