Indian Penal Code, 1860 – Sections 153A, 500,501, 504, 34 and 120B – Section Criminal Procedure Code, 1973, Section 482 – Quashing of FIR – Quashed – Offences punishable under Sections 153A, 500,501, 504, 34 and 120B IPC – In the offending news article there is no reference to any group or groups of people in the said article – The publication focuses totally on the complainant imputing that he had encroached upon public land where the foundation stone laying ceremony was proposed at the hands of Hon’ble Chief Minister of Uttarakhand – Apparently, the post was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which the complainant claims to be the true owner – The post also imputes that the person who was planning the foundation stone ceremony was an enemy of mountains and had no concern with the well-being of the mountains – Learned standing counsel for the State tried to draw inference from these lines alleging that this portion of the post tends to create a sense of enmity and disharmony amongst people of hill community and the people of plains – Held that the interpretation sought to be given to these words is far-fetched and unconvincing – The lines referred to supra only refer to the complainant, imputing that his activities are prejudicial to the hills – These words have no connection whatsoever with a group or groups of people or communities – Hence, the foundational facts essential to constitute the offence under Section 153A IPC are totally lacking from the allegations as set out in the FIR – No such allegation in the FIR that owing to the alleged offensive post attributable to the appellant, the complainant was provoked to such an extent that he could indulge in disturbing the public peace or commit any other offence – Hence, the FIR lacks the necessary ingredients of the offence punishable u/s 504 IPC as well – Since we have found that the foundational facts essential for constituting the substantive offences under Sections 153A and 504 IPC are not available from the admitted allegations of prosecution, the allegations qua the subsidiary offences under Sections 34 and 120B IPC would also be non est – No allegation in the FIR that the accused tried to extract any wrongful gain or valuable security from the complainant on the basis of the mischievous/malicious post – Held that allowing continuance of the proceedings pursuant to the impugned FIR against the appellant is nothing but gross abuse of process of law because the allegations as set out in the FIR do not disclose necessary ingredients of any cognizable offence – Impugned FIR and all proceedings sought to be taken against the appellant liable to be quashed and set aside. (Para 27 to 33)
SUPREME COURT OF INDIA
2024 STPL(Web) 179 SC
[2024 INSC 220]
Shiv Prasad Semwal Vs. State Of Uttarakhand And Others
Criminal Appeal No(S). 1708 of 2024 (Arising out of SLP (Crl.) No(s). 3687 of 2020)-Decided on 19-03-2024
https://stpllaw.in/wp-content/uploads/2024/04/2024-STPLWeb-179-SC.pdf
