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Synopsis

The Allahabad High Court recently refused to quash the entire proceedings in a case lodged over a social media post having a dis-respectable picture of Lord Hanuman with an objectionable tagline. 

The bench of Justice Prashant Kumar noted that the allegation made in the FIR was shocking and the content of the concerned social media post was 'very objectionable'.

Court passed the order in an application filed under Section 482 CrPC challenging the charge sheet and summoning order along with the entire case proceedings in the case.

Allegations against the accused namely, Rajesh Kumar were that he posted a social media post containing very offensive content regarding Lord Hanuman which could disturb communal harmony.

The case was registered under Sections 505(2)/295 (A) of the Indian Penal Code and 67 of the Information Technology Act at Milak Police Station in Rampur district of Uttar Pradesh. 

The lower court had come to a conclusion that prima facie case had been made out against the accused. 

The high court referred to the case of State of Haryana and others vs. Bhajan Lal & others (1992) wherein the top court laid down guidelines as to how the inherent power bestowed in the high court should be exercised under Section 482 CrPC. 

Court noted, "It is well settled that at the stage of taking cognizance, the Court should not get in the merits of the case, at such stage, the Court's power is limited to the extent on finding out whether from the material placed before it, the offences alleged thereunder against the accused is made out or not with a view to proceed further with the case".

Therefore, while finding that the instant matter did not fall under the guidelines laid down by the Supreme Court, the high court refused to entertain the application at hand and dismissed the same.

Case Title: Rajesh Kumar v. State of UP and Another