Title: Mohd. Farhan vs. State Of U.P. And 3 Others
Decided on: 12th June, 2023.
CRIMINAL MISC. WRIT PETITION No. – 5740 of 2023
CORAM: Hon’ble Anjani Kumar Mishra,J. Hon’ble Ms. Nand Prabha Shukla,J.
Introduction.
One Mohd. Farhan, who is accused of calling Indian Prime Minister Narendra Modi “a virus who requires an urgent antidote” in a video posted on social media, has received an interim order from the Allahabad High Court. When dealing with a writ petition filed by the accused-petitioner seeking to have the FIR filed against him under Section 504 IPC and Section 66 of the IT Act quashed.
Analysis.
The Court granted interim protection from arrest to the petitioner-accused until the next listing or until the production of a police report under Section 173(2) CrPC, whichever is earlier, after first opening that the comments attributed to the petitioner-accused do not fall within the scope of Section 504 IPC.
In essence, the accusations made in the FIR were that the accused made lewd remarks about Indian Prime Minister Narendra Modi in his videos, calling him a virus that must be treated quickly or it will consume the entire nation.
The Court, however, stated that the matter warrants consideration and granted protection to the accused despite the fact that the comments imputed to the petitioner do not fall inside the ambit of Section 504 IPC.
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Written by- Varada Hawaldar
