Table of Content
1. nature of the allegations against the petitioner. (Para 1 , 2 , 3 , 4)
2. court's examination of legal provisions and lack of evidence. (Para 6 , 7)
3. court's ruling on fir and interim relief. (Para 8)

ORAL ORDER

Present note for speaking to minutes is filed seeking addition of “interim relief as per Para 9(b)” in the order dated 20.06.2025 passed by this Court.

Learned advocate for the petitioner has submitted that this Court had granted interim relief in terms of paragraph 9(b) while issuing Rule in the matter which means to stay further investigation in connection with the impugned FIR and as an alternative prayer he has submitted that as an interim relief, charge-sheet may not be filed without prior permission of this Court.

Having heard learned advocate for the petitioner and perusing the note for speaking to minutes, as Rule is already issued in the matter and is kept for consideration and therefore, at this stage, no case is made out to pass any order as requested in the present note for speaking to minutes as still the investigation is going on.

Hence, present note for speaking to minutes is disposed of.

(HASMUKH D. SUTHAR, .J)

Ajay

NEUTRAL CITATION

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8446 of 2025 ==========================================================

RAJESH THANAJI SONI Versus STATE OF GUJARAT & ANR.

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Appearance:

DHRUVIK K PATEL(7769) for the petitioner(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 20/06/2025

ORAL ORDER

1) By way of present petition, the petitioner has prayed for quashing of FIR being C. R. No. 11201018250021 of 2025 registered with CID Cyber Crime Police Station, Dist. Gandhinagar, for the offence under Sections 152 and 353(1)(a) of the BNS and other consequential proceedings, if any, arising therefrom.

2) Heard Mr. Hriday Buch, learned counsel assisted by Mr. Dhruvik Patel, learned counsel for the petitioner and Mr. Rohan Shah, ld. APP for the respondent State.

3) It is the case of the prosecution that while Police Inspector of Cyber Crime Cell, monitoring various social media platforms, he came across a Facebook page under the name “Rajesh Soni – Delegate AICC – General Secretary, Gujarat Congress, which according to the complainant, was found to have published multiple posts that were allegedly misleading and anti-social. It is further alleged that, one of the posts questioned the credibility and commitment of the Indian Army during a military operation titled as “Operation Sindoor”, which according to the complainant, could potentially shake the faith of the general public in the

NEUTRAL CITATION

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Armed forces. In this regard, the FIR has been lodged against the accused including the present petitioner.

4) It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in the alleged offence, and the FIR has been registered solely with the intent to harass him, driven by malafide intentions. The petitioner has not indulged in any illegal activity that falls within the purview of Section s 152 and 353(1)(A) of the Bharatiya Nyaya Sanhita ( BNS ). The petitioner merely reposted content that he had received from another source. There was no malafide intention on his part, and even otherwise, the essential ingredients of the offences under Section s 152 and 353 (1)(a) of the BNS are not satisfied. No statement was made by the petitioner that amounts to public mischief, or that incites or attempts to incite secession, armed rebellion, or any subversive activity. No any material which suggest any violation, disruption or institutional disobedience, nor any direct or indirect act which interfere with the military operations or public servants’ duties. It is further submitted that, no any adverse impa

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