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2023 Supreme(J&K) 117

RAJNESH OSWAL
Rajinder Singh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Jagpaul Singh.
For the Respondent: Dewakar Sharma; Amit.

JUDGMENT :

1. The petitioner through the instant petition has sought the quashing of the FIR No. 0083 dated 21.05.2018 under sections 501 and 509 RPC and Sections 66 and 67 of IT Act 2000 registered with Police Station, Hiranagar against him and unknown person on the ground that no FIR for commission of offence under section 501 RPC can be registered against the petitioner as the cognizance of offence under section 501 RPC can only be taken by the Court upon the complaint made by a person aggrieved by such an offence. It is also stated that no offence under section 509 RPC is made out against the petitioner. Besides, it has also been stated that section 66 of IT Act pertains to computer related offences and no computer related offence has been committed by the petitioner as per the FIR impugned. It is further stated that even no offence under section 67 of IT Act is made out against the petitioner.

2. Reply stands filed by the respondents, wherein it is stated that on 21.03.2018 while addressing large gathering of people at a public place i.e. at Mela More Hiranagar, the petitioner used extremely profane, vulgar, filthy and abusive language against the then Chief Minister. He brazenl

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