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Interim Protection Granted To Man Who Called CM Yogi Adityanath as 'Thick Skinned'
The Division Bench, comprising of Justice Anjani Kumar Mishra and Justice Shekhar Kumar Yadav, of the Allahabad High Court, are currently hearing a petition filed by the man who said that the Chief Minister of the State of Uttar Pradesh, CM Yogi Adityanath, has 'thick skin' in the matter of Neeraj Kishor Mishra v. State of Uttar Pradesh (CRIMINAL MISC. WRIT PETITION No. - 17509 of 2020). The Court is hearing the plea brought in front of it by the petitioner, challenging the First Information Report (FIR) registered against him for calling CM Yogi Adityanath a man with 'thick skin'. The FIR has been registered as Case Crime No. 368 of 2020 by the Police Station Patiyali, District Kasganj under Sections 153 - B (2) and 505 (2) of the Indian Penal Code (IPC).
It has been alleged in the FIR that the petitioner has called the Chief Minister a man of thick skin and that the protests the petitioner was a part of, has incited violence and hatred between groups of people. After considering the submissions made by the petitioner in his plea, the Court granted interim relief to the petitioner in the form of protection from arrest.
The Court ordered that if the petitioner co-operates with the ongoing investigation then, subject to that, the petitioner cannot be arrested, in this matter, until either the date of the next hearing or till the police are able to submit the report under Section 173 (2) of the Code of Criminal Procedure (CrPC), whichever is earlier.
The Court also directed the respondents to file their counter-affidavits within the time period of four weeks and for the petitioner to file the rejoinder affidavit within two weeks of the submission of the counter affidavit. The Court directed for the next hearing to be scheduled in six weeks' time after both the counter affidavit and the rejoinder affidavit has been filed.
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