Nagpur: Nagpur bench the Bombay High Court rejected an application to cancel the anxiety against a 58-year-old man by posting a very unpleasant message against Hindu gods in the WhatSApp group religion.
Parsheoni residents in Nagpur Regency, have removed the message that mentioned the cellphone handset after police complaints, claimed by prosecution carried out with the intention to “destroy evidence”.
“We have carefully consider charges on the FIR and the reply submitted by the Investigation Agency.
On supervision, we are from the prime opinion of Facie that the message posted by the Applicant, as stated in FIR, is not pleasant.
Is there an evil intention on its part is The problem should be considered by the body during the investigation, “the division bench consisting of Judge Vinay Deshpande and Amit Borrow.
Applicant Jafar Ali Sher Ali Sayyad is a member of the WhatsApp group consisting of Manish Singh and other members of the area.
It was made for the purpose of celebrating Durga Puja and other related programs during the nine-day festival.
On October 9, 2019, Sayyad allegedly posted a rough and disrespect message about Dewi Durga in the group to create interference in the area and injure public sentiment.
Furthermore, Singh filed a police complaint to Him at the Kanhan police station.
After a preliminary investigation, the police ordered Sayyad because violations could be punished under the part of 295a and 153A IPC.
He challenged the actions of the police in HC, praying for his stops while denying his role in evil.
While issuing notifications to respondents, including the Kanhan police and a complainant on December 22, 2019, HC directed them to submit a reply.
The police then confirmed the applicant had posted a cruel message in the WhatsApp group intended for religious purposes.
Judge Deshpande and Borkar observed that at this stage, the rights of investigating agents to investigate violations cannot be summarized.
“The wisdom given by CRPC Section 482 must be carried out wisely and in consentance with the established principles set by the Supreme Court.
Is the content of malicious messages or intended to prevent public religious sentiment, it cannot be considered at this stage.” The judges noted that Strength for pine hair can not be called to shuffle legitimate prosecution.
“It will not be appropriate to express conclusive opinions about the nature of violations or investigations to be carried out.
It will be advised to leave it for the agency to consider whether there is enough material to the applicant, in connection with the alleged violation of it fulfilled or not,” they said.
What HC * Prima Faciie opinion is that the message posted by an unpleasant applicant * is there an evil intention that must be considered by the agency * Institution’s Rights to investigate violations cannot be summarized * The wisdom given by the part 482 CRPC must be carried out with wise * the power to bend the FIR cannot be called to shuffle legitimate prosecution