IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Jubair Ansari And Another – Appellant
Versus
State of U.P. and Another – Respondent
JUDGMENT :
SAURABH SRIVASTAVA, J.
1. Heard Sri Deepak Kumar Singh, learned counsel for applicants and learned AGA for State.
2. Present application has been preferred with prayer to quash entire proceeding of Criminal Case no. 12299 of 2025 (State vs. Sabbir Ansari and others) arising out of Case Crime no. 78 of 2025 under sections 353(2), 196(1)(a), 3(5), 352 and 351(2) of BNS, PS- Anapara, District Sonbhadra and also quash charge sheet dated 13.5.2025 as well as cognizance/summoning order dated 15.11.2025 passed by learned Additional Civil Judge (J.D.) Court No. 3, Sonbhadra.
3. Brief facts of the case are that opposite party no. 2/informant lodged FIR bearing Case Crime no. 78 of 2025 under sections 353(2), 196(1)(a) and 3(5) of BNS against applicants and another co-accused alleging therein that applicants have posted anti-national posts along with objectionable post against Prime Minister of India with derogatory remarks. The posts are alleged to be shared/circulate from Facebook ID of a Pakistani Youtuber. The Facebook account of accused persons shows that almost every post are anti-national, against Prime Minster of India and Rashtriya Swayamsewak Sangh(RSS).
4. After conducting d
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....
Merely liking a post on social media does not amount to an offence under Section 67 of the I.T. Act, and the right to freedom of speech and expression must be exercised consciously and in line with t....
The court established that the intention of the accused to commit the alleged acts must be evident, and the continuation of prosecution should be considered in light of the nature and gravity of the ....
Point of Law – Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.