Allahabad High Court Refuses To Quash Chargesheet Against 3 Men Accused Of Rasing Anti-India Slogans In A Temple
The Allahabad High Court last week refused to quash a summoning order as well as a charge sheet against 3 persons in a case related to their alleged act of raising anti-India slogans in a temple, while a religious preaching was going on there.Denying them the relief, a bench of Justice Subhash Vidyarthi observed that the allegations against them are of hailing another country and raising...
The Allahabad High Court last week refused to quash a summoning order as well as a charge sheet against 3 persons in a case related to their alleged act of raising anti-India slogans in a temple, while a religious preaching was going on there.
Denying them the relief, a bench of Justice Subhash Vidyarthi observed that the allegations against them are of hailing another country and raising slogans against our nation, and of abusing and threatening the persons present in religious preaching, which clearly make out a case of trial of the applicants.
The Court added that while deciding an application under Section 482 CrPC for quashing a criminal case, the High Court has to examine the prosecution case only to ascertain whether the case for trial of the accused person is made out or not and that the defence of the accused cannot be taken into consideration at this stage.
The case in brief
As per the allegations against the applicants (Faizan Ahmad @ Idrisi Faizan Shamshad Ahmad And Others), in July 2017, they entered a temple campus while a religious preaching was going on there and they started raising slogans hailing another country and against India.
They allegedly threatened the persons present there. During the investigation, the statements of some eyewitnesses were recorded, who supported the allegations in the FIR. Consequently, a charge-sheet was filed against them under Sections 153, 506 IPC.
Though the counsel for the applicants before the HC argued that there was no material to establish that the applicants had committed any offence, the Court noted that the FIR against them alleged extending threats and raising objectionable slogans.
The Court also noted that all three applicants were arrested on the spot and some independent witnesses examined by the investigating officer stated that the incident was witnessed by them and it was given effect to by the applicants.
Given this, the Court refused to grant them any relief in the matter.
Case title - Faizan Ahmad @ Idrisi Faizan Shamshad Ahmad And Others vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another 2024 LiveLaw (AB) 176 [APPLICATION U/S 482 No. - 2250 of 2024]
Case Citation: 2024 LiveLaw (AB) 176
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