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The Lucknow bench of Allahabad High Court on Thursday refused to quash the First Information Report (FIR) lodged against Lucknow University professor Ravi Kant Chandan who allegedly made objectionable comments against the Kashi Vishwanath temple, and Hindu saints during a debate on an online portal.

The bench of Justice Arvind Kumar Mishra and Justice Manish Mathur passed the order on the plea moved by the professor with a request to quash the FIR under Sections 153A, 504, 505(2) IPC, and Section 66 of the IT Act at the city's Hasanganj Police Station. 

Noting that till date arrest has not been effectuated, and the professor had approached the court on mere apprehension that he would be arrested in breach of provisions of the Code of Criminal Procedures, Court, directed the Hasanganj police not to arrest Chandan without complying with the law.

Section 41 (1) (b) read with Section 41-A of the CrPC mandates police not to make arrest without issuing notice to the accused and obtaining warrant from the concerned court.

The counsel for the professor had argued before the court that the offences alleged in the FIR were punishable with a maximum of seven years but police were pressurizing to make his arrest without complying to the provisions enshrined under section 41(1)(b) read with section 41(A) of CrPC.

However, refusing to grant relief to the professor, Court noted that the FIR in question disclosed a cognizable offence, therefore, Court's interference as sought by the professor, was not warranted. 

Case Title: Ravi Kant v. State Of U.P. Thru. Secy. Deptt. Home, Govt. Up Civil Sectt. Lko. And Others