NITYANAND ROY @ NITYANAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Naresh Dikshit, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyay, learned A.P.P. for the State.

(2.) The present petition is being preferred under Sec. 482 of the Code of Criminal Procedure (in short, the 'Cr.P.C.') for setting aside the order dtd. 13/4/2022 passed in Narpatganj P.S. Case No. 129 of 2018, G.R. No. 653 of 2018 by learned Chief Judicial Magistrate, Araria, whereby and whereunder the learned Magistrate took cognizance for the offences under Sec. 153 of the Indian Penal Code (in short, the 'I.P.C.') and Sec. 125 of the Representation of People Act (hereinafter referred to as the "R.P. Act") and issued summon against the petitioner.

(3.) The brief case of the prosecution as it appears from the written information of Circle Officer, Narpatganj, District - Araria, that on 9/3/2018, while addressing a meeting in the campus of the High School, Narpatganj, the petitioner, who was at that point of time president of Bhartiya Janata Party, Bihar (in short the 'BJP'), gave provoking public speech which was in violation of the Model Code of Conduct. It is further alleged that petitioner gave hatred speech against the RJD candidate namely, Md. Sarfaraz Alam to the extent that if Md. Sarfaraz Alam wins the election in that case Araria will become the centre of ISIS.