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FIR Cannot be Quashed under Article 226: Allahabad HC to Unani Doctor on Her Facebook Posts
The Allahabad HC headed by Justice Ramesh Sinha and Justice Samit Gopal dismissed the writ petition filed by the petitioner stating that the petition lacks the merit.
The petitioner sought relief for quashing the F.I.R dated 2.7.2020 registered as Case Crime No.234 of 2020, under Section 67 of the Information Technology (Amendment) Act, 2008, Section 153-A, 153- B and 124-A I.P.C., Police Station Sadar Bazar, District Meerut.
The allegations made against the petitioner named Dr Imrana khan who is an Unani Medical Officer alleged that she shared posts on Facebook against the activities of the Government and also alleged in making Facebook posts against Prime Minister Narendra Modi and Chief Minister Yogi Adityanath.
The Learned Counsel for the petitioner submitted that the petitioner shared the posts between 2014-2017 but the FIR has been lodged in the year 2020 which is said to be an Anti-National activity.
The Counsel for the petitioner argued that the petitioner stated in her posts is her Right to Freedom of Speech and she had simply shared the Facebook posts on somebody else's post which does not at all amount to spreading disharmony or feeling of enmity, hatred or ill will between different religions and is not prejudicial to National Integration. Hence, prayed for quashing the FIR.
The Counsel for the State opposed the prayer for quashing the FIR which discloses cognizable offence.
The Hon’ble Court after examining the submissions made by parties opined that the posts shared by the petitioner appear to be a serious one which may incite the communal disharmony. Further observed that the freedom of speech is the fundamental right of every citizen but that should not be extended to such extent which may be prejudicial to the National interest.
Finally, the Hon’ble Court stated its non-interference for quashing of the FIR or grant of interim relief to the petitioner in its extraordinary power under Article 226 of the Constitution of India.
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