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ANIL KUMAR CHOUDHARY
Mukesh Kumar Shukla @ Mukesh @ Pinku Shukla – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the First Information Report in connection with Pakur Nagar P.S. Case No.79 of 2021 registered for the offences punishable under Sections 188, 295 (A) of the Indian Penal Code and Section 51 (1) (b) of the Disaster Management Act, 2005 and the said case is now pending before the learned Chief Judicial Magistrate, Pakur.
3. The brief fact of the case is that the petitioner made a tweet in a social media inviting some words to be written against “Miyan Bhai.” The informant alleged that by such objectionable and obscene tweet by which the sentiments of persons of the society of the informant was hurt and basing upon the same, Pakur Town P.S. Case No.79 of 2021 has been instituted involving the offences punishable under Sections 188, 295 (A) of the Indian Penal Code and Section 51 (1) (b) of the Disaster Management Act, 2005.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence. The p
No offence under IPC Sections 188 and 295(A) was established against the petitioner, leading to the quashing of the FIR due to political rivalry.
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....
To establish an offence under Section 295-A IPC, there must be deliberate and malicious intent to outrage religious feelings; mere careless or unwitting acts do not suffice.
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
Outraging religious feelings – Journey from ‘Nar to Narayan’ is not only embedded in ethos of India but is also true to religions born outside India.
Cognizance of offences under the Disaster Management Act and Epidemic Diseases Act requires specific allegations and compliance with procedural requirements, which were absent in this case.
There is absolute bar against Court for taking cognizance of offence under Section 188 of Indian Penal Code, except in manner provided by Section 195 of Cr.P.C.
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