Title: Rajesh Kumar vs. State of U.P. and Another
Dated on: 5th June, 2023
APPLICATION U/S 482 No. – 21056 of 2023
CORAM: Hon’ble Prashant Kumar,J.
Introduction.
The Allahabad High Court recently refused to overturn a criminal charge brought against Rajesh Kumar for allegedly using a very offensive and disrespectful photo of Lord Hanuman and an equally offensive caption to post it online.
Analysis.
The Court described the allegations in the FIR as “shocking,” and stated that it cannot evaluate the evidence or draw its own conclusions from them when handling an application made under Section 482 that contested the charge sheet.
The Court considered the ruling of the Supreme Court in the case of Amanullah & Anr vs. State of Bihar & Ors, reported in (2016) 6 SCC 699, where it was decided that the High Court should not use the inherent power granted under Section 482 CrPC once a magistrate determines that a prima facie case is made out and take cognizance unless the order is ex-facie illegal.
The Court additionally stated that the scope of the High Court’s authority under Section 482 CrPC is clearly defined, and there is no way in hell that the current application could be considered to satisfy that standard.
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Written by- Varada Hawaldar
