Allahabad High Court refuses to quash case against man accused of sharing disrespectful image of Lord Hanuman

The Allahabad High Court recently refused to quash a case against a man who allegedly shared a highly objectionable picture of Lord Hanuman accompanied by an offensive caption. [Rajesh Kumar v State].Justice Prashant Kumar noted that the allegations made in the first information report (FIR) against the accused were shocking. The Court also found that a prima facie case had been made out against the accused. Hence, it declined to quash the case. ."The limit of exercising jurisdiction conferred on the High Court under Section 482 Cr.P.C. is well defined, by no stretch of imagination, it could be said that the instant application filed under Section 482 Cr.P.C. fulfills the requirement as contemplated. Hence, I see no reason to interfere and entertain the instant application filed under Section 482 Cr.P.C," the judge observed, in his June 5 order. .The FIR was lodged against the accused, Rajesh Kumar, for allegedly causing disruption of communal harmony, indulging in public mischief and hurting religious sentiments. The Court noted that, as per the FIR, Rajesh had shared a highly objectionable and disrespectful picture of Lord Hanuman along with an offensive caption. Following an investigation into the matter, a charge sheet had also been filed. While so, the accused moved a plea under Section 482 of the Code of Criminal Procedure (CrPC) before the High Court to quash the case. The High Court relied on the Supreme Court's judgment in State of Haryana v Bhajan Lal, wherein the top court had established guidelines regarding the exercise of inherent powers by High Courts invoking Section 482, CrPC.Applying these guidelines, the High Court found that the present case was not a fit case for exercising the Court's powers to quash cases under Section 482, CrPC..The Court also relied on the case of Kaptan Singh v State of Uttar Pradesh, wherein it was held that if an application under Section 482 CrPC is filed against a charge sheet, which is filed after the police investigation, the matter would stand on a different footing..The Court proceeded to dismiss the plea of the accused, after noting that it cannot get into the merits of the matter at the present stage. .Advocates Juned Alam and Mohd Hamid represented accused..[Read Order]