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by Admin
07 May 2024 2:49 AM
In a noteworthy judgment on 15th March 2024, the Allahabad High Court, led by Hon'ble Justice Subhash Vidyarthi, refused to quash criminal proceedings against Faizan Ahmad and others. This decision was made in light of charges that involved raising anti-nation slogans in a temple, a serious allegation under Sections 153 and 506 of the Indian Penal Code (IPC).
Legal Point of the Judgment: The pivotal legal question concerned the use of Section 482 of the Criminal Procedure Code (Cr.P.C.) for quashing criminal proceedings. The key issue was whether the facts presented formed a sufficient basis to dismiss the charges at this preliminary stage.
Facts and Issues: The origin of the case lay in an FIR filed at Police Station Hasanganj, Lucknow. It was alleged that the applicants disrupted a religious assembly in a temple by chanting slogans against their own nation and in favor of a foreign entity, besides threatening those present. This incident led to their immediate arrest, and the allegations were supported by eyewitness accounts.
Scope of Section 482 Cr.P.C.: The Court emphasized its limited function under Section 482 Cr.P.C., highlighting its inability to conduct a thorough evaluation of evidence at this juncture. The determination required was whether there exists a prima facie case justifying a trial.
Evaluation of Allegations and Investigation: The Court, after reviewing the FIR and the investigation findings, noted that the allegations, supported by eyewitness testimony, formed a credible basis for a trial.
Judicial Precedents: In its analysis, the Court referenced key Supreme Court rulings, including 'State of Haryana vs. Bhajan Lal', which establish guidelines for exercising the inherent powers under Section 482 Cr.P.C., underscoring the need for judicial restraint in such matters.
Decision: Hon'ble Justice Subhash Vidyarthi ruled that the seriousness of the allegations, backed by preliminary evidence, merited a full trial. Consequently, the application to quash the criminal proceedings was dismissed as lacking in merit.
Date of Decision: 15th March 2024
Faizan Ahmad @ Idrisi Faizan Shamshad Ahmad And Others vs. State Of U.P.
