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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Faraheem Qureshi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Compromise affidavit filed on behalf of the applicant is taken on record.
2. Heard Sri Amir Khan, learned counsel for the applicant, Sri Saurabh Kumar, holding brief of Sri Hemant Sharma, learned counsel for the opposite party no. 2 and Sri Pankaj Saxena, learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of charge sheet dated 18.02.2019 in Criminal Case No. 620 of 2019 under Section 295-A I.P.C., Police Station- Khurja Nagar, District- Bulandshahr, pending in the court of learned Additional Chief Judicial Magistrate, Khurja, Bulandshahr as well as cognizance order dated 05.07.2019 passed by learned Additional Chief Judicial Magistrate, Khurja, Bulandshahr.
4. Contention of learned counsel for the applicant is that applicant made certain post on social media which is the basis for the F.I.R. in question. It is further submitted, even if entire allegation of F.I.R. as well as post of the applicant on social media is taken as true even then offence u/s 295-A I.P.C. is not made out as the basic ingredient u/s 295-A I.P.C. is deliberate and malicious intent to outrage religious feelin
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.
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....
Deliberate and malicious acts intended to outrage religious feelings, as per Section 299 BNS, necessitate intentional insult to religion, confirming the applicability of cognizable offences in public....
The court held that deliberate intention is required to constitute an offense under Section 299 BNS, emphasizing that reckless acts, particularly by public figures, attract legal scrutiny in relation....
Section 295-A IPC requires proof of deliberate and malicious intent to outrage religious feelings, which was not established in this case.
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.
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.
The judgment established the importance of protecting artistic freedom and the need for sensitivity in matters of freedom of speech and expression.
FIR quashed where allegations lack deliberate malicious intent to outrage religious feelings of a class of citizens, public nuisance elements, lascivious material, rendering only non-cognizable offen....
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