Allahabad High Court: In an application filed by Syed Wasim Rizvi under Section 482 of the Code of Criminal Procedure Code, 1973 (‘CrPC’) to quash the entire proceeding under Section 153-A and 504 of the Penal Code, 1860 (‘IPC’) and to quash the summoning order passed by the Additional Chief Judicial Magistrate-V, as well as charge sheet, Rahul Chaturvedi, J. said that it seems that no case against the applicant is made out. However, it directed the applicant to appear before the court concerned armed with an application under section 88 of the CrPC. Further, it directed the Court concerned to release the applicant with or without surety and after taking personal bond.
The Chairman of Sahaba Action Committee which is involved in the upliftment of social and educational standard of Sunni Sect of Muslim community has filed an FIR against Syed Wasim Rizvi- the writer and producer of that “Ram Janmbhoomi”. It was alleged that in that trailer, certain imputations and derogatory remarks were made against the adorable personalities of Sunni Sect causing hurt to the informant also. As per the allegations made in the FIR, the informant thinks the screening of the film may lead to communal tension in the city. By that time, proper certification of the film was not done by the Central Board of Film Certification, Mumbai. Therefore, it was urged that suitable action shall be taken under section 153, 153-A, 504, 505 and the Cinematography Act, 1952.
After taking note of Salman Khan v. State of Gujarat, 2018 SCC OnLine SC 3758 and 2019 SCC OnLine SC 2144 the Court said that it seems that no case against the applicant is made out. However, it directed the applicant to appear before the court concerned armed with an application under Section 88 of the CrPC. Further, it directed the Court concerned to release the applicant with or without surety and after taking personal bond.
The Court also directed the applicant to move detailed discharge application under the appropriate sections of CrPC raising all the legal as well as factual points for the determination of the same by the court concerned.
[Syed Waseem Rizvi v. State of U.P., 2024 SCC OnLine All 418, Order dated 13-02-2024]
Advocates who appeared in this case :
Counsel for Applicant: Abhinav Singh
Counsel for Opposite Party: Government Advocate
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