The FIR was lodged against the accused, Rajesh Kumar, for allegedly causing disruption of communal harmony, indulging in public mischief and hurting religious sentiments.
The Court noted that, as per the FIR, Rajesh had shared a highly objectionable and disrespectful picture of Lord Hanuman along with an offensive caption. Following an investigation into the matter, a charge sheet had also been filed.
While so, the accused moved a plea under Section 482 of the Code of Criminal Procedure (CrPC) before the High Court to quash the case.
The High Court relied on the Supreme Court’s judgment in State of Haryana v Bhajan Lal, wherein the top court had established guidelines regarding the exercise of inherent powers by High Courts invoking Section 482, CrPC.
Applying these guidelines, the High Court found that the present case was not a fit case for exercising the Court’s powers to quash cases under Section 482, CrPC.
Source: Barandbench
