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2019 Supreme(P&H) 2543

ARVIND SINGH SANGWAN
Vishal Dadlani – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S. Cheema, Mr. Arshdeep Singh Cheema, Mr. Satish Sharma, Ms. Karuna Nandy, Mr. Amandeep Singh Talwar, Advocate
For the Respondent:Mr. Kuldeep Tiwari, Ms. Khushbir K. Bhullar, Mr. Sandeep Jain, Advocate as an Intervener.

JUDGMENT :

ARVIND SINGH SANGWAN J.

1. Vide this common judgment, I intend to dispose of both the aforesaid petitions i.e. CRM-M Nos.32227 and 32226 of 2016, as common questions of law and facts are involved for adjudication.

2. The petitioners namely Vishal Dadlani (in CRM-M No.32227 of 2016) and Tehseen Poonawala (in CRM-M No.32226 of 2016), are arrayed as an accused in the impugned FIR No.0310 dated 28.08.2016 (Annexure P1) registered under Sections 295-A, 153-A and 509 of the Indian Penal Code (in short 'IPC') (Section 66E of the Information Technology Act, 2000 added later) at Police station Ambala Cantt. Haryana, and they are praying for quashing of the said FIR and all other proceedings arising therefrom.

3. Brief facts of the case are that respondent No.2/complainant namely Puneet Arora, got the aforesaid FIR registered. For a reference, the contents of FIR No.0310 dated 28.08.2016 is reproduced as under:-

    “Sir, as you are aware that the State of Haryana is celebrating the Golden Jubilee year of its establishment. For this reason on 26.08.2016, the session of the Vidhan Sabha commenced with the sermons of the renowned Jain Saint and Tapasvi, Sh. Tarunv Sagar Ji. Indian culture ha

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