JUDGMENT

Rule. Rule is made returnable forthwith. Heard fnally with consent.

2. Invoking the Jurisdiction of this Court under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, the Petitioner prays for quashing of FIR No. 97 of 2020 dated 15/04/2020 registered with Azad Maidan Police Station for the offence punishable under Section 153A of the Indian Penal Code, 1860 (for short ‘IPC’).

3. The said FIR has been registered against the Petitioner for a “tweet” (or referred to as a statement) which she posted on the social media website known as ‘Twitter’ on 14/04/2020. The said tweet reads thus:

“Crowd shouting Yeh Allah Ke Taraf Se Nahi Hai Ye Modi Ke Taraf Se Hai- What’s going to happen next @ ofceofut @ AUThackeray @priyankac19? PR karona ab. Blame it on @ narendra-modiji.Hain? Bandra Masjid Location Hai. Ab aur kuch bolu? Single Source Kaaf Hai. @ Dev_Fadnavis Help”.

4. It is the stand of the Respondent - State that by reposting the video on Twitter with the above message on 14/04/2020, the Petitioner thereby sought to create hatred and enmity between Hindus and Muslims. The transcript of the video recording reposted by the Petit