AKANSHA SWARUP Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. S.P. Sharma, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor for the State of Assam.

(2.) The present application is filed under Sec. 528 of the BNSS, 2023 by which the inherent powers of this Court was invoked for quashing of the FIR being FIR No. 004/2025 lodged on 12/6/2025 registered at Crime Branch Police Station, Commissioner-ate of Police, Guwahati, Assam under Sec. 196(2)/299/302 of the BNS, 2023.

(3.) FIR dtd. 12/6/2025 lodged by the police personnel from the Cyber Branch reveals that the petitioner had held an interview in a National Broadcast segment aired in CNN-News18 and in that interview, she made a blatantly unverified and highly defamatory statement against the Maa Kamakhya Temple. It is further stated that during the said telecast, she stated on air that human sacrifice is being practiced at Maa Kamakhya Temple and that she had made that statement as a declarative factual assertion. It is also stated in the FIR that the false narration was further supported by the interviewee, the cousin of deceased Raja Raghuvanshi, who also said that human sacrifice is being practiced at Kamakhya Temple and that she knows it. It is as such stated by the informant that the said statement had the effect of hurting religious sentiments of a particular community and disturbing public peace and communal harmony. It also stated to have created a sense of disbelief about the holy temple in the mind of the people. It is as such stated that the said remarks may disturb public tranquility and may lead to serious law and order situation and as such, a request was made to register the case under the relevant Sec. of law. The police on receipt of the said ejahar registered the case under the aforesaid Sec. of law and conducted the investigation.