Allahabad HC refuses to quash case lodged against man for hate speech against CM yogi and Bageshwar Baba

The Allahabad High Court recently dismissed a writ petition moved by a man accused of making hate speeches against Chief Minister of Uttar Pradesh, Yogi Adityanath and Bageshwar Baba, Dhirendra Shastri. 

The bench of Justice Narendra Kumar Johari and Justice Ramesh Sinha observed, "After having heard submissions advanced by learned counsel for parties and perused the impugned F.I.R., it is apparent that the petitioner had made a derogatory and disrespectful comments on Hon'ble Chief Minister of U.P., Yogi Adityanath Ji and Bageshwar Baba, Shri Dhirendra Shastri".

The bench added, "Moreover, from the allegations made in the F.I.R. as a subject matter of investigation and at this stage it cannot be said that no offence, whatsoever is made out against the petitioner".

Therefore, in view of the ratio laid down by the Apex Court in Neeharika Infrastructure Private Limited vs. State of Maharashtra: AIR 2021 SC 1918, the division bench dismissed the present plea. 

"From the perusal of the F.I.R., prima facie, it cannot be said that no cognizable offence is made out, hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner," the bench held. 

Moving a writ petition seeking a writ of certiorari to quash the FIR lodged under Section 505 (2) of the Indian Penal Code at Shivratanganj Police Station in Amethi district, the accused namely Deepak had alleged that he had been falsely implicated in the matter. 

Deepak's counsel argued that the concerned FIR had been filed just for harassment of the accused with oblique motive and malafide intention.

The counsel also apprised the court that the complainant in the matter had himself been named in an FIR registered last month wherein it is alleged that the complainant had made hate speech against ex-Chief Minister of UP, Kumari Mayawati.

On the other hand, the writ petition was opposed by the government counsel who submitted that the accused, who is an officer of Bhim Army, through his Facebook ID, made hate speech against the Chief Minister and Dhirendra Shastri which constitutes cognizable offence. 

Court opined that the allegations made in the concerned FIR were subject matter of investigation, therefore, at the present stage in the matter, it could not be held that no offence was made out against the accused and also that the submissions made by the accused's counsel pertained to disputed facts which could not be adjudicated upon by the high court in jurisdiction of under Article 226 of Constitution of India.

Case Title: Deepak v. State Of UP And Others