SHAH FAHAD PEERZADA Vs. UT OF JK

JUDGEMENT

(1.) The petitioners feeling aggrieved of FIR No.06/2021 for offences punishable under Sec. 153, 505, IPC registered with Police station, Imam Sahib, Shopian, have filed this petition under Sec. 482 Cr.P.C., seeking quashment of the said FIR. The FIR has been registered with the said Police Station on the basis of written complaint made by Company Commander D-Coy 44 1-Rashtriya Rifles Camp Imam Sahib Shopian. In the complaint they have alleged that the Media out let Kashmiryat and Kashmir Walla have published an article on their news portal by claiming that the army has forced the school authorities of Siraj-ul-Uloom to celebrate Republic parade. The complainant had also alleged that spreading of such kind of fake news is bound to cause serious concern for the security and can create law and order situation.

(2.) The FIR no. 06/2021 was registered with the Police Station for offences punishable under Sec. 153, 505 IPC and during the course of investigation, it was found that said article was published by Mr. Mir Junaid of Kashmiryat and Mr. Yashraj Sharma (Kashmir Walla). During the course of investigation as per the status report filed by respondent No. 1, the statement of Mr. Yousuf Matoo, Chairman, Siraj-ul-Uloom, was recorded, wherein he has stated that allegation made against the army were baseless and article published by the aforementioned media out let against the army was found to be fake. The investigation of the case is underway.

(3.) Respondent No. 2, in his objections to this petition, submits that on 27/1/2021, an article published by Mr. Mir Junaid in Kashmiryat and Mr. Yashraj Sharma in Kashmir Walla about Siraj-ul-Uloom, a private school situated at Imam Sahib, Shopian, stating that the school was pressurized by the Army to hold the 72nd Republic Day function in their school. The article also stated that in presence of Army, the National Flag was unfurled and celebrations of Republic Day was carried out on 26/1/2021. The respondent submit and allege that by making such false publication, they had intended to cause provocation to committed riot and thus have commit offences punishable under Sec. 153 as well as 505 IPC. The investigation in the case is under way and is yet to be concluded.