AMIT BAJRANG KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Priyanka Navale, learned counsel appearing for the Petitioners. The Petitioners are seeking quashing of the chargesheet in C.R. No.0225 of 2020 registered with the Islampur Police Station, for the offences punishable under Ss. 188 and 505(2) of the Indian Penal Code, 1860, and Ss. 52 and 54 of the Disaster Management Act, 2005, so also Rule 11 of the Covid

(2.) According to her, if the contents of the First Information Report (FIR) dtd. 31/3/2020 and the supplementary statement of the complainant dtd. 3/4/2022 are perused, it cannot be said that the ingredients of offences under Sub-sec. (2) of Sec. 505 of the IPC are satisfied. She would urge that the attribution in the FIR and the supplementary statement, even if are accepted for the sake of argument to be correct, it can be said that same were directed against the political personality and not against private individual. According to her, no specific persons by name in the alleged messages circulated on the whatsapp group is mentioned. As such, it is claimed that messages cannot be said to have caused fear or alarm in the public or the Sec. of public and as such, offences cannot be inferred as alleged under sub-sec. (2) of Sec. 505 of the IPC. Her further contentions are in view of the policy of the Government i.e. reflected in the resolution dated 20 th September, 2022, the case of the Petitioner is already pending consideration before the Special Committee, so as to absolve the Petitioner of the offence and that being so, the present application needs to be allowed.

(3.) We have appreciated the aforesaid submissions.