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Synopsis

The Supreme Court on Monday, September 11, refused to quash an FIR registered against UP's Youth Congress Secretary, Sachin Chaudhary, over his alleged remark on Prime Minister Narendra Modi's "love affair" with Industrialist Gautam Adani.

Chaudhary had approached the top court by way of an SLP challenging the Allahabad High Court's order whereby it had refused to quash the FIR registered against him noting that the offence alleged in the FIR would fall within the ambit of Section 153-A and Section 505(2) of the Indian Penal Code which were cognizable offence and hence, the FIR, could not be quashed.

A bench comprising Justices Aniruddha Bose and Bela Trivedi held that as the law enforcement agency was still investigating the alleged commission of offences and they ought to decide on future course of action after completion of investigation, at this stage it was not a fit case for interference.

It was further noted that the allegations against the petitioner were of making abusive and derogatory comments about holder of a high office.

"In the F.I.R., the commission of offences with which the petitioner has been implicated are under Sections 153A, 505(2) and 504 of the Indian Penal Code. The petitioner applied to the jurisdictional High Court seeking quashing of the proceeding arguing that even if the allegations made in the F.I.R. are taken to be true, the same would not constitute an offence under Section 153A of the IPC. This argument of the petitioner has been summarized in the order of the High Court, in which the quashing plea of the petitioner has been rejected...", Court recorded in its order.

An FIR was lodged by Bharatiya Janata Party's youth wing leader Akshit Agarwal, who alleged that Chaudhary, in a press conference organised in Sambhal, used derogatory words against the Prime Minister by stating that he had a love affair with Adani.

Case Title: SACHIN CHAUDHARY vs. THE STATE OF U.P. & ORS.