Allahabad HC Refuses To Interfere With Order Dismissing S. 156 (3) CrPC Plea Seeking FIR Against Kunal Kamra For 'Indian Flag' Tweet

The Allahabad Hign Court today refused to interfere in a plea challenging a magistrate's order dismissing an application filed under Section 156(3) CrPC seeking FIR against stand-up comedian Kunal Kamra for his tweet, which allegedly insulted the Indian flag.

Kamra had tweeted a morphed picture of the Supreme Court replacing the tricolor atop it with the flag of a political party.

It may be noted that last year a Varanasi Court had upheld the order of the Magistrate in by dismissing the criminal revision plea filed by a local Lawyer Saurabh Tiwari. Now, challenging both these orders, a plea under Article 227 of the Constitution of India was moved by Tiwari before the HC.

Having heard the argument of the petitioner Saurabh Tiwari, the Bench of Justice Rahul Chaturvedi, refused to interfere with both the orders.

However, the bench did observe that since the 156(3) Cr.P.C. application had been rejected, therefore, in the light of the judgment of Apex Court in the case of Sakiri Vasu Vs. State of U.P. and others (2008) 2 SCC 409, the petitioner has an alternative remedy (under Section 200 of CrPC) to invoke the proper proceedings against the proposed accused if so advised. 

It may be noted that in the Sakiri Vasu case, the Apex Court had observed thus:

"If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C."

With the aforesaid observation, the matter under Article 227 of the Constitution of India stood disposed of.

Case title - Saurabh Tiwari v. State Of U.P. And 2 Others [MATTERS UNDER ARTICLE 227 No. - 3135 of 2022]

Case Citation: 2022 LiveLaw (AB) 216

Click Here To Read/Download Order