MOHAMMAD AZAM KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This matter had been placed before this Court previously on 09.10.2018 also, but as the learned A.G.A. had requested for some time to seek instructions, the hearing was deferred for today. The matter has come up as fresh once again.

(2.) Heard applicant's counsel as well as learned AGA for the State and perused the record.

(3.) The central thrust of the allegations made against the applicant is that on some occasion while giving a public speech he had made some utterances which were prima facie of such nature that were capable to excite communal feelings and thus he has committed the offence punishable under Section 153-A of I.P.C. It was also alleged that thereby the provisions of Section 144 of Code of Criminal Procedure were also got flouted. The alleged speech is said to have been recorded in a C.D. and information in this regard seems to have been given to the Sub Divisional Magistrate concerned. The Sub Divisional Magistrate who got the F.I.R. lodged, has mentioned therein that a letter was forwarded to him by the Station Officer in which it had been made to appear that on hearing the C.D. the contents of the speech were found to be of such objectionable nature which constituted the offence. This report of Station Officer appears to have prompted the S.D.M. to lodge the F.I.R. against the applicant. Subsequently investigation was done and the charge sheet was also submitted in the matter. Contention of learned counsel for the applicant is that though the perusal of the entire case diary does not disclose or reveal as to what are the actual contents of this alleged speech said to have been made by the applicant, the learned Magistrate has yet