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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Aveek Sarkar – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J. :-
1. This is an application under Section 482 of Code of Criminal Procedure, 1973 filed by the petitioners for quashing of proceedings in GR case number 1691 of 2012 pending before the court of learned Chief Judicial Magistrate, Howrah under 153A of the Indian Penal Code. The petitioner has come before the court with the ground that he has been falsely arraigned and implicated in this case being Domjur PS case number 176 of 2012 dated March 19, 2012 at the behest of the Opposite Party No.2 herein which was registered for investigation under Section 153 A of IPC . The complaint was lodged alleging that on 19.3.2012 in the 2nd page of the “T2” of the English news daily “The Telegraph’ under the ‘Twit Of the day ‘column’ a picture pertaining to the cricketing field was published which deeply hurt the religious sentiments of people following Islam. Furthermore the publication was made intentionally with the motive of hurting religious sentiments of Muslims’. On the basis of the aforesaid written complaint the case was registered initially against the Editor, printer and publisher of ‘The Telegraph’ Newspaper. The petitioner immediately after being
Prosecution under Section 153A of the IPC requires specific allegations of individual involvement and prior government sanction; failure to establish these voids proceedings.
The FIR lacks necessary ingredients for offences under Section 196(1)(a) of the Bharatiya Nyaya Sanhita, justifying its quashing due to vagueness.
The judgment established that intention is crucial for offences under IPC Sections 295-A and 153-A, and emphasized the need for proper legal procedures in taking cognizance of such offences.
Point of law: The extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the CrPC, it could quash a First Information Report. The police had not even com....
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
The judgment established that to prove an offence under Section 153A IPC, there must be evidence of promoting enmity between different groups, and mere statements or social media posts may not be suf....
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
The court established that mere expressions of political support do not constitute an offence under Section 153A IPC unless they promote enmity between distinct groups.
Criminal case can be quashed where foundational facts essential to constitute offence are totally lacking from allegations as set out in FIR.
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