The Lucknow Bench of the Allahabad High Court has rejected to quash a summoning order as well as a charge sheet against 3 persons in a case related to hailing another country and raising slogans against India and of abusing and threatening the persons present in religious preaching in a temple.
A Single Bench of Justice Subhash Vidyarthi passed this order while hearing an application under section 482 filed by Faizan Ahmad @ Idrisi Faizan Shamshad Ahmad and Others.
By means of the application filed under Section 482 Cr.P.C, the applicant has sought quashing of the proceedings of summoning order dated 11.03.2019 passed by the Judicial Magistrate-II, Lucknow in Criminal Case under Sections 153, 506 IPC, Police Station Hasanganj, Lucknow as well as charge-sheet dated 29.03.2018 filed in respect of the Case under Sections 153, 506 IPC.
Opposite party No 2 lodged an FIR in Police Station Hasanganj, Lucknow on 23.07.2017 stating that three persons had entered a temple campus while a religious preaching was going on there and they started raising slogans hailing another country and against our nation. They also threatened the persons present there. Some PAC persons and the persons present there caught hold of three persons, who are the applicants.
During investigation, the investigating officer has recorded statements of some eye witnesses, who have supported the FIR allegations.
The submission of the counsel for the applicants is that there is absolutely no material to establish that the applicants have committed any offence.
FIR alleges extending of threats and raising objectionable slogans by three persons. All the three persons were arrested on the spot and those persons are the applicants.
Some independent witnesses examined by the investigating officer stated that the incident was witnessed by them and it was given effect to by the applicants.
The Court observed that,
While deciding the application under Section 482 Cr.P.C the Court can merely examine as to whether the case for trial of the accused person is made out on the basis of prosecution allegations and the material collected in support thereof and the Court cannot go into questions of admissibility, relevancy or sufficiency of material collected by the prosecution while deciding the application under Section 482 Cr.P.C for quashing of the charge-sheet and proceedings arising therefrom.
Therefore, while deciding an application under Section 482 Cr.P.C, for quashing of criminal case, this court has to examine the prosecution case only to ascertain as to whether the case for trial of the accused person is made out or not and the defense of the accused cannot be taken into consideration at this stage.
“In this case, the allegation is of hailing another country and raising slogans against our nation, and of abusing and threatening the persons present in religious preaching. In these circumstances, the allegations against the applicants clearly make out a case of trial of the applicants”, the Court further observed while rejecting the application.