SWAMI AGNIVESH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Swami Agnivesh has filed the instant petition under section 482 of Criminal Procedure Code for quashing FIR No. 294 dated 26.5.2011, under sections 295, 295-A IPC, registered at Police Station Hansi City, Annexure P/1.

(2.) I have heard learned counsel for the petitioner and perused the case file.

(3.) Learned counsel for the petitioner then contended that there is no evidence on record to depict that the petitioner had made the said utterances. On the basis of this contention, the FIR cannot be quashed because it would depend on the evidence that is to be collected during investigation. If no evidence regarding the alleged utterance of the petitioner is collected, then it would be a different matter, but on the basis of the averments made in the FIR, it cannot be said that no case for proceeding against the petitioner is made out for any offence.