Allahabad High Court: In a writ petition filed by the Secretary of UP Youth Congress, Sachin Chaudhary, seeking quashing of First Information Report (‘FIR') for the offences under Sections 153-A, 505(2), 504 of the Penal Code, 1860 (‘IPC'), the division bench of Anjani Kumar Mishra and Nand Prabha Shukla, JJ. refused to quash the FIR filed against him over his alleged remark concerning to the “love affair” between the Prime Minister of India, Narendra Modi and Founder of Adani Group, Gautam Adani.
Sachin Chaudhary submitted that the FIR alleges that in a press conference, the words spoken by him cannot and should not attract Section 153-A of IPC. The allegations in the FIR are vague and it is hard to understand as to how the words would disturb communal harmony.
It is further alleged in the FIR that allegations of a love affair and homosexuality were made insofar as the relationship between the Prime Minister and Adani is concerned. The statement made by Sachin Chaudhary is not contrary to the law. Further, the provision which has been invoked in the impugned FIR criminalize freedom of speech, which is guaranteed under the Constitution. Thus, the FIR is mala fide and has been prompted by political reasons.
Per Contra, the State submitted that the said statement in the press conference was such which is prejudicial to the maintenance of harmony between groups or communities and has the potential of disturbing communal harmony and public tranquility.
The Court opined 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 offences. The FIR, therefore, cannot be quashed. Thus, the Court dismissed the writ petition.
[Sachin Chaudhary v State of U.P, 2023 SCC OnLine All 284, Order dated 31-05-2023]
Advocates who appeared in this case :
Counsel for Petitioner: Advocate Kumar Kartikeya, Advocate Chandra Shekhar Singh
Counsel for Respondent: Government Advocate
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