The Allahabad High Court recently dismissed an application filed under Section 482 CrPC, challenging an order of the Court of Civil Judge, whereby it took cognizance after perusing the material and the “shocking” allegations in the FIR. As per the FIR, the applicant had posted a very objectionable and disrespectful picture of Lord Hanuman, with a very objectionable tagline.

While referring to Kaptan Singh v. State of Uttar Pradesh and others, (2021) 9 SCC 35 the bench noted that at this stage the High Court cannot appreciate evidence nor can it draw its own inferences from the contents of FIR while dealing with the application under Section 482 CrPC. “It is well settled that at the stage of taking cognizance, the Court should not get in the merits of the case, at such stage, the Court's power is limited to the extent of 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", observed a bench of Justice Prashant Kumar.

Advocate Juned Alam appeared for the applicant and AGA A.K. Sand appeared for the State.

The application filed before the High Court challenged the charge sheet dated December 6, 2019, and the summoning order dated July 1, 2022, as well as the criminal proceeding under Sections 505(2)/295 (A) IPC and 67 IT Act 2000.

As per the allegations, a first information report was registered against the applicant on the ground that he had been instrumental in disturbing communal harmony.

After the investigation, a chargesheet was filed, and the trial court after perusing the material placed on record took cognizance of the matter considering a prima facie to have been made against the accused-applicant.

“The allegation made in the F.I.R. is shocking. The applicant had posted a very objectionable and disrespectable picture of Lord Hanuman, with a very objectionable tagline”, the bench stated while noting the facts.

The bench referred to State of Haryana and others v. Bhajan Lal & others, 1992 Supp.(1) SCC 335 and Amanullah & Anr vs State of Bihar & Ors, (2016) 6 SCC 699 to state that if a magistrate after perusing the evidence on record concludes that prima facie case is made out and takes cognizance then the High Court should not use the inherent power granted under Section 482 CrPC unless the order is ex-facie illegal.

“The instant matter does not fall under the guidelines laid down by the Hon'ble Supreme Court. The limit of exercising jurisdiction conferred on the High Court under Section 482 CrPC is well defined, by no stretch of imagination, it could be said that the instant application filed under Section 482 CrPC fulfills the requirement as contemplated. Hence, I see no reason to interfere and entertain the instant application filed under Section 482 CrPC”, the bench noted in the order.

Accordingly, the Court dismissed the application.

Cause Title: Rajesh Kumar v. State of U.P. and Another [Neutral Citation No. - 2023:AHC:124429]

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Justice Prashant Kumar

Agatha Shukla