Allahabad HC Refuses To Quash FIR Against Congress Leader For Alleged Sexual Remarks Against PM Modi And Adani

As per the FIR, the accused alleged that the relationship between them is a love affair and a home-sexual relationship.

“In our considered opinion that the offence alleged in the impugned FIR would definitely fall within the ambit of Section 153-A and Section 505(2) of IPC which are cognizable offence. The FIR therefore, cannot be quashed”, a bench of Justice Anjani Kumar Mishra and Justice Nand Prabha Shukla observed in the matter.

Advocate Kumar Kartikeya appeared for the petitioner.

The petitioner, the Secretary of Youth Congress, U.P. contended that the words spoken by him could not attract Section 153-A of IPC and that the FIR is malafide and prompted by political reasons.

He further argued that the allegations are vague, and that it was indiscernible as to how the words would disturb communal harmony.

The petitioner also contended that the statement was regarding a relationship which is not contrary to law, and thus invoking the provision under such provisions would criminalize freedom of speech which is guaranteed under the Constitution of India.

However, while opposing the petition, the State contended that the statements made in the press interview were of such nature which are prejudicial to the maintenance of harmony between groups or communities and have the potential of disturbing communal harmony and public tranquillity.

Considering the submissions made, the nature of the allegations, the Bench dismissed the petition without prejudice to the right of the petitioners to apply for bail or anticipatory bail.

Cause Title: Sachin Chaudhary v. State Of U.P. And 2 Others [Neutral Citation No. - 2023:AHC:121649-DB]