AFAQ AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution, the petitioner has moved this Court to quash the impugned First Information Report (for short, 'FIR'), giving rise to Case Crime No.421 of 2025, under Ss. 299 and 353(3) of the Bharatiya Nyay Sanhita, 2023 (for short, 'the BNS'), lodged against him by Sub-Inspector Prashant Singh, respondent No.3.

(2.) The impugned FIR was lodged by Prashant Singh, a Sub-Inspector of Police, posted at Police Station Chandpur, District Bijnor, saying that on 23/7/2025, Case Crime No.414 of 2025, under Ss. 296, 352, 351(2) BNS, was registered against Arif son of Faruq. During investigation on 24/7/2025, Ss. 123, 64(1), 318(4) and 336(3) BNS, besides Sec. 3 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (for short, 'the Unlawful Conversion of Religion Act, 2021'), were added to the crime. Arif was arrested and produced before the Court. The petitioner, making this arrest of his brother in the case crime last mentioned a foundation for disturbing communal peace and outraging religious feelings of a class of citizens of India, maliciously sent an inflammatory message to individuals on their mobile phones. The message sent out by the petitioner is quoted verbatim in the FIR. It is said in the FIR that about the inflammatory message sent out by the petitioner, the first informant gathered information in Town Chandpur, and, in consequence, on 30/7/2025, one Ameer Azam told the informant that about seven days ago, he too had received a message from the petitioner, using WhatsApp No. 9548080007. According to Azam, the inflammatory WhatsApp post was received on his mobile No. 9897164460. The informant was also apprised that there was a timer in the app, which had deleted the post, but Azam had saved a screenshot of the same, which he shared with the first informant. The first informant took five screenshots and then seized Azam's mobile device, placing it in a sealed transparent container. The impugned FIR says that the petitioner, with a view to disturb communal harmony and to instill hatred with the malicious intention of outraging religious feelings of a class of citizens, sent the inflammatory post to different mobile phones, owned by locals of Chandpur. It is on this information that the impugned FIR was registered.

(3.) Heard Mr. Syed Shahnawaz Shah, learned Counsel for the petitioner in support of this petition and Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate appearing on behalf of the State respondents.