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2023 Supreme(UK) 490

RAVINDRA MAITHANI
Vijay Singh Pal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Arvind Vashistha, Vivek Pathak.
For the Respondents: Amit Bhatt, Nipushmola Joshi, Aditi Dalakoti.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this petition is made to the charge-sheet dated 30.06.2019, cognizance/summoning order dated 14.10.2019, passed in Criminal Case No. 16150 of 2019, State vs. Vijay Singh Pal (FIR/Case Crime No. 1053 of 2018), by the court of Chief Judicial Magistrate, Haridwar (“the case”) as well as the entire proceedings of the case.

2. Heard learned counsel for the parties and perused the record.

3. The respondent no. 2, the informant filed FIR No. 1053 of 2018, under Section 153A IPC, Police Station Kotwali Nagar Haridwar, District Haridwar, against the petitioner. According to the FIR, the petitioner has been demonstrating at a public crossing. He was shouting some religious slogans. The petitioner was also appealing to the public that they would not spare the person, who has demolished the Shiv Temple. He was also cautioning the public that “Hindu Samaj is in Danger.” The FIR records that some posts were uploaded by the petitioner on the social media also. The links have been provided in the FIR. After investigation in the FIR, charge-sheet has been submitted against the petitioner under Section 153A IPC, on which cognizance was taken on 14.10.

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