JUDGMENT :

1. This Application under Section 482 Cr.P.C. seeks to quash proceedings of Criminal Case no.54 of 2018, State vs. Parmeshwar Bharati (arising out of Case Crime no.40 of 2017), under Section 505(2) IPC and Section 66-A of the Information Technology Act, Police Station Bijpur, District Sonbhadra, pending before the Judicial Magistrate, Duddhi, District Sonbhadra. There is a prayer to quash charge sheet no.25 of 2017, dated 17.06.2017 giving rise to the aforesaid proceedings also.

2. Heard Sri Rakesh Prasad and Sri D.S. Yadav, learned counsel for the applicant and Sri S.K. Pal, learned Government Advocate assisted by Sri J.B. Singh, learned A.G.A. and Sri Avanish Shukla, learned counsel appearing on behalf the State.

3. At the outset, it must be placed on record, that the learned counsel appearing for both sides agreed that the issues involved in the present application being essentially legal, and, determinable on the basis of material already available on record, no further affidavits are required to be filed by the parties. The Court has, therefore, proceeded to hear the matter on merits.

4. In order to support his prayer to quash proceedings of the criminal case under reference, including the charge sheet, the learned counsel for the applicant on foot of facts, that will shortly be noticed, has advanced submissions that give rise to the following questions for consideration of this Court:

(a) Whether the posts on the WhatsApp Group called 'Friends For Ever' made by the applicant, a member of the group, by the content of the messages posted, constitute offences punishable under Section 505(2) IPC or Section 66A of the IT Act, or any other law for the time being in force?

(b) Whether the impugned proceedings under Section 505(2) IPC, including the charge sheet, are liable to be quashed in the absence of an order of sanction by the State Government under Section 196(1-A) Cr.P.C.?

5. The facts giving rise to the impugned prosecution are these, that a First Information Report dated 25.05.2017, giving rise to Case Crime no.40 of 2017, under Section 505(2) IPC and Section 66-A of the IT Act was registered at Police Station Bijpur, District Sonbhadra, on the basis of a written information, lodged by Upendra Pratap Singh, opposite party no.2, against the applicant.

6. It was alleged by the informant that the applicant, Parmeshwar Bharati, a resident of the NTPC Colony, Rihand Nagar, Bijpur, Sonbhadra, through his mobile resource no.9453017648 regularly posts on the WhatsApp Group called 'Friends For Ever', messages criticizing the Hindu religion, Hindu Gods and Goddesses, besides prominent national leaders, in an unbecoming language through which the applicant hurts the informant's religious sentiments, besides causing hurt to his feelings; that in this connection the Group Administrator, Manoj Kumar, has forbidden the applicant from posting such messages on the WhatsApp Group, that are fraught with the peril of disturbing social and religious tranquility; and, that the informant appended printouts of the offending messages, along with the first information, with a request that appropriate action be taken against the applicant. On the basis of the aforesaid information, the police registered the crime last mentioned, and, proceeded to investigate.

7. The police investigated the matter thoroughly, and, at the end of investigation have proceeded to file a charge sheet dated 17.06.2017, being charge sheet no.25 of 2017, that is hereinafter referred to, as the impugned charge sheet. The Magistrate has taken cognizance of the impugned charge-sheet, on the basis of which, Criminal Case no.54 of 2018, under Section 505(2) IPC and Section 66-A of the IT Act, has been registered.

8. In the case diary, during investigation the Investigating Officer has recorded the statements of members of the WhatsApp Group, 'Friends For Ever', including the Group Administrator, Manoj Kumar Dubey son of Sri Vijendra Dubey, Sanjay Gupta son of Sri Jagdish Pr