The Allahabad High Court recently refused to hold up all of the hearings in a lawsuit brought about around a social media post that featured an offensive image of Lord Hanuman including an offensive caption.
The FIR’s alarming claim and the very unpleasant nature of the post in question were both mentioned by Justice Prashant Kumar’s panel. The charge sheet and summons order, as well as the entire case process, were all challenged in an application made under Section 482 CrPC, and the court issued the ruling.
The accused, Rajesh Kumar, has been charged for posting a social media message with extremely derogatory language about Lord Hanuman that could upset harmonious relations between groups.
At Milak Police Station in the Uttar Pradesh district of Rampur, the case was reported under Sections 505(2)/295 (A) of the Indian Penal Code and 67 of the Information Technology Act. The lower court had determined that there was a solid case against the defendant at first glance.
The high court cited the case of the State of Haryana and others vs. Bhajan Lal and others (1992), in which the supreme court established rules for how the inherent authority granted to the high court under Section 482 CrPC should be used.
Court noted, “It is well settled that at the stage of taking cognisance, the Court should not get in the merits of the case, at such stage, the Court’s power is limited to the extent on finding out whether, from the material placed before it, the offences alleged thereunder against the accused is made out or not with a view to proceed further with the case”.
The high court declined to consider the application at hand and dismissed it after determining that the current case did not fall under the standards established by the Supreme Court.
