UMESH NANDAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by the petitioner for quashing the order dated 17.08.2016 passed by the learned Chief Judicial Magistrate, Kishanganj in Kishanganj P. S. Case No. 262 of 2016 whereby the cognizance of the offences punishable under Sections 295-A, 153-A, 500, 501, 504, 505(2) and 506 of the Indian Penal Code for the (short "IPC") and Section 66A of the Information Technology Act, 2000 (for short "IT Act") has been taken and the petitioner has been summoned to face trial.

(2.) The first information report of Kishanganj P. S. Case No. 262 of 2016 was lodged on 27.06.2016 on the basis of written complaint of one Sukh Sagar Nath alleging therein that he is the Chairman of the Press Club, Kishanganj and being so, he has formed a WhatsApp group for exchange of news items, in the name of Press Club, Kishanganj. On 27.06.2016, at about 7.39 p.m., the petitioner being a member of the group posted one message which was indecent towards a particular community and provocative of communal tension.

(3.) The informant immediately removed the petitioner from the group, obtained the screen shot of the message and handed over the same for appropriate action to the officer-in-charge of the Kishanganj Police Station.