The Allahabad High Court has refused to quash a case against a man who allegedly shared an "objectionable image" of Lord Hanuman accompanied by a "disrespectful" caption.
The accused, Rajesh Kumar, was charged with causing disruption of communal harmony, indulging in public mischief, and hurting religious sentiments.
The FIR alleged that Kumar had shared the image on social media, which had the potential to incite religious hatred.
Kumar had then moved the High Court asking it to quash the case against him under Section 482 of the CrPC.
Note: If no offence has been made out on the facts alleged but the process has been issued, the High Court, in the exercise of its inherent power under Section 482, can quash the proceedings for the ends of justice.
The accused had argued that the image was not objectionable and that he had not intended to hurt anyone's religious sentiments.
However, The court, in its order dated 5 June, found that the allegations against Kumar, were "shocking" and that there was a prima facie case against him.
"The limit of exercising jurisdiction conferred on the High Court under Section 482 Cr.P.C. is well defined, by no stretch of imagination, it could be said that the instant application filed under Section 482 Cr.P.C. fulfills the requirement as contemplated. Hence, I see no reason to interfere and entertain the instant application filed under Section 482 Cr.P.C," the judge said, according to Bar and Bench.
(With inputs from Bar and Bench)
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