Alleged FB Post 'Tarnishing' Image Of UP Dy CM Keshav Maurya: Allahabad HC Refuses To Quash Criminal Proceedings

The Allahabad High Court recently refused to quash the charge-sheet, cognizance order as well as entire proceedings in a criminal case registered over an alleged Facebook Post 'Tarnishing' the image of Keshav Prasad Maurya, Deputy Chief Minister of Uttar Pradesh.

The Bench of Justice Anil Kumar Ojha was hearing a 482 application filed by one Arun Kumar Jaiswal seeking to quash a case registered against him under Section 501 IPC and Section 66 Information Technology (Amendment) Act, 2008. 

Allegedly, by the said Facebook Post, the image of Keshav Prasad Maurya, Deputy Chief Minister, Nand Gopal "Nandi", Minister, Vinod Sonkar, Member of Parliament, Kaushambi, Sanjay Gupta, Member of Legislative Assembly, Chayal, Lal Bahadur Yadav, MLA, Manjhanpur, and Seetla Prasad, MLA, Sirathu, had been tarnished or not, is a question of fact which has to be decided by the trial court during the trial.

It was submitted by the counsel for the applicant that the applicant had not committed the alleged offences and he had been falsely implicated and the court below had taken cognizance without applying judicial mind. 

Noting that in proceeding under Section 482 Cr.P.C., this Court cannot adjudicate upon the reliability of witnesses and that the Court can't say if the image of the abovementioned persons had been tarnished by the alleged FB post, as it is a question of fact which has to be decided by the trial court during the trial.

With this, the Court refused the prayer for quashing the proceedings.

However, the Court directed that if the applicant appears and surrenders before the court below and applies for bail, his prayer for bail be considered and decided in view of the law laid down in Brahm Singh and others vs. State of U.P. and others 2016 (95) ACC950.

Case title - Arun Kumar Jaiswal v. State of U.P. and Another
Case Citation: 2022 LiveLaw (AB) 12

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