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2022 Supreme(Gau) 153

ROBIN PHUKAN
Md. Taher Ahmed Barbhuiya – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Dey
For the Respondent: Mr. P.S. Lahkar, Mr. S.D. Purkayastha

JUDGMENT :

This petition under Section 482 Cr.P.C., 1973, read with Article 226/227 of the Constitution of India is preferred by Md. Taher Ahmed Barbhuiya of Lala Chandrapur District Hailakandi for quashing of the FIR of Lala P.S. Case No. 490/2021, U/S 120 (B)/153(A)/505(1)(c)/ 505(2) IPC R/W Section 39 of the Unlawful Activities (Prevention) Act 1967 against the petitioner.

2. It is to be mentioned here in that the aforementioned FIR has been lodged by one Saleh Ahmed Laskar, S.I. of Police of Hailakandi Police Station on 26.08.2021, alleging inter-alia amongst others that on 21.08.2021, the petitioner has uploaded one incriminating post in his Facebook Account and the same was discovered by the Social Media Cell of Hailakandi Police Station of which the complainant is one of the member. The name of the Facebook profile user is Advocate Taher Ahmed Barbhuiya having URL https://www.facebook.com/ taherahmed.barbhuiya.9. The petitioner has posted in the said post “Ek Itihash Srishti Holo, Taliban Jindabad” which means “A history has been created, long live Taliban”. It is also alleged in the FIR that the post has praised and glorified ‘Tehreek-e-Taliban’ who was in fact are terrorists

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