Judgment

Sanjeev Kumar, J.—The petitioner is a Councillor of the Ladakh Autonomous Hill Development Council, Kargil, (LAHDCK) and claims to be an educationally qualified and law abiding citizen of the country. He, however, is aggrieved of registration of FIR No.34/2020 registered in Police Station Kargil for commission of offences under Sections 124-A, 153-A, 153-B and 505(2), 120-B of the Indian Penal Code pursuant to the communication of respondent No.4 dated 19.06.2020. The petitioner is also aggrieved of the police report submitted by SHO, Police Station, Kargil to the Court of Chief Judicial Magistrate, Kargil, in terms of Section 173 of the Code of Criminal Procedure. The petitioner seeks quashment of FIR and the entire subsequent proceedings taken pursuant thereto including the order dated 17.09.2020 passed by the Chief Judicial Magistrate, Kargil.

2. Before proceeding to consider the grounds of challenge urged by the petitioner to justify invoking the inherent powers of this Court vested by virtue of Section 482 of the Cr.P.C. against registration of FIR and subsequent proceedings taken thereon, it would be appropriate to notice few material facts.

3. On 18.06.2020 the police of Police Station Kargil received an information through reliable sources that an audio clip containing objectionable conversation, demeaning armed forces of the country in the backdrop of clashes between Indian Army and armed forces of China that took place in Galwan Valley of Ladakh region, has gone viral on social media. Taking cognizance of the information received, the police registered the subject FIR and set the investigation into motion. During the course of investigation, it was established that the audio clip of 6.3 minutes duration that had gone viral on social media contained a conversation between the petitioner and one Nissar Ahmad Khan. The conversation was found to be extremely objectionable containing derogatory references to the role of Indian Army in the Galwan misadventure of armed forces of China. The police were of the opinion that the conversation was not only extremely objectionable and contemptuous of the country but was also prima facie seditious in nature. The petitioner along with the co-accused Nissar Ahmad Khan was arrested by the police but was let off on bail by this Court vide order dated 24.09.2020 passed in Bail Application No. 67/2020. For this misadventure and indulgence of the petitioner in demeaning the role of Indian Army in Galwan conflict as also bringing the country to contempt by unsavory and objectionable conversation, the petitioner was also suspended from discharging the functions of Councillor of LAHDC Kargil. The order dated 25.06.2020 passed by Deputy Commissioner, Kargil, suspending the petitioner from discharging his duties as a Councilor, is assailed by the petitioner in WPC No. 1645/2020 and this Court vide its order dated 04.12.2020 has stayed the aforesaid order. The writ petition is subjudice in this Court.

In the meanwhile, the police, after investigation, has submitted final report (challan) in the Court of Chief Judicial Magistrate, Kargil. The learned Magistrate, before whom the challan was presented on 17.09.2020, remanded the petitioner and other accused, namely, Nissar Ahmad Khan, to the judicial custody after providing them copies of the police report through their counsel present physically in the Court. On 21.09.2020 when the police report/challan once again came up for consideration before the Chief Judicial Magistrate, Kargil, the learned Magistrate noted that the charge sheet submitted by the police was incomplete sans requisite sanction as stipulated under Section 196 Cr.P.C. The Magistrate, after noticing the aforesaid defect in the challan, granted opportunity to the APP to file the requisite sanction in terms of Section 196 Cr.P.C. This way the challan presented by police, which, as found by the Chief Judicial Magistrate as incomplete, is lying in the Court of Chief Judicial