ORAL ORDER

1. Considering the facts and circumstances of the case, this matter is taken up for final disposal forthwith.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being FIR No.11203037200171 of 2020 registered with Manavadar Police Station, Junagadh, for the offences under Sections 188, 153AA, 153A(2), 153B(1)(c), 295A and 505(1)b of the IPC and under Section 54 of the Disaster Management Act, 2005 and Criminal Case No.346 of 2020 and all the consequential proceedings arising therefrom.

3. The facts, in a nutshell, of the present case is as under: In the present case, applicant is only an accused. As per the allegations made in the FIR, it appears that on 31.03.2020 at 4.46 P.M. applicant posted on Social Media that “Mandirose dan Masjitose corona”, thereafter, second time, on the same date at 11 P.M., he posted that “Sahinbag- Masjid-Corona- Desdroh kitne milte julte sabdah he.. na..!!!,”. Thereafter, on 03.04.2020 at 10.34 A.M., he posted on photo of corona virus wear muslim hat. In this regard complaint is lodged. Thereafter, he surrender at police station and released on bail and Investigation OfÏcer has filed charge-sheet against present applicant on 26.07.2020.

4. Heard learned advocates on both the sides.

5. Learned advocate for the applicant submits that the applicant herein has nothing to do with the offence and has been falsely implicated in the present case. A bare perusal of the FIR reveals that all the facts narrated are either false or twisted with intent to mislead the Court and the Investigating Authority. Learned advocate submits that the Investigating OfÏcer has not charge-sheeted any evidence with regard to social media account, who used the account and the Investigating OfÏcer has also not produced any evidence with regard to post of the social media. Learned advocate further submits that with a view to tarnish the image the applicant and his family in the society, the complaint is filed as the applicant belongs to respected family, his father is a reputed advocate and president of Bar. Learned advocate submits that the Investigating OfÏcer has filed charge- sheet against the applicant and only statement of only one witness was recorded, which is not direct witness, who is here say witness and no any evidence has been collected with regard to alleged act. In view of above, he has requested to allow the present application. He has relied on the decision of the Co- ordinate Bench of this Court in case of Rajasinh Dilipsinh Rathod & Ors. vs. State of Gujarat and Ors. passed in Criminal Misc. Application No.13204 of 2016.

6. Learned APP has vehemently opposed the application and submitted that there is no bar under Section 195A of the Cr.P.C. and offence under Section 153 of IPC is also there. Learned APP has relied upon the decision of the Hon’ble Apex Court in case of C. Muniappan & Ors. vs. State of Tamil Nadu reported in (2010)

9 SCC 567 and requested to dismiss the present application.

7. Having heard learned advocates for the respective parties and having going through the record, It appears that proceedings under the present offence is hit by section 195 of the Cr.P.C. It is a well settled law that the invocation of Section 188 of IPC is subject to the provisions of Section 195 Cr.P.C. For our purpose, clause (a) of sub-section (1) of Section 195 is relevant. It reads thus:

“195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. -

(1) No Court shall take cognizance -

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or (ii) of any abetment of, attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant conce