Case Note & Summary
The petitioner, Sandeep Arjun Kudale, filed two criminal writ petitions under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of two FIRs registered against him. The first FIR (C.R. No. 0291/2022) was registered at Kothrud Police Station, Pune, for offences under Sections 153A(1)(a) and 153A(1)(b) of the Indian Penal Code, 1860. The second FIR (C.R. No. 0489/2022) was registered at Warje Malwadi Police Station, Pune, for offences under Sections 153A(1)(a), 153A(1)(b) and 505(2) of the IPC. The petitioner contended that the FIRs were politically motivated and that the allegations, even if taken at face value, did not disclose any offence. The State opposed the petitions, arguing that the statements made by the petitioner promoted enmity between different groups and were likely to disturb public tranquillity. The High Court examined the contents of the FIRs and the speeches attributed to the petitioner. The court noted that the petitioner's statements were critical of a political party and its leaders, but did not target any religious, racial, or community group. The court held that to attract Section 153A IPC, the words must promote or attempt to promote feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities. Mere criticism of a political party does not fall within the ambit of Section 153A. Similarly, for Section 505(2) IPC, the statement must be made with intent to cause fear or alarm to the public or to induce any person to commit an offence against the State or public tranquillity. The court found that the petitioner's statements did not meet this threshold. Consequently, the court quashed both FIRs and all proceedings arising therefrom, holding that no offences were disclosed.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC, Article 226 Constitution of India - Inherent Powers - FIRs under Sections 153A(1)(a), 153A(1)(b) and 505(2) IPC quashed as no offence disclosed - The petitioner's statements did not promote disharmony or enmity between different groups on grounds of religion, race, etc., nor did they cause fear or alarm to the public - Held that the allegations, even if taken at face value, do not constitute the alleged offences (Paras 1-36). B) Criminal Law - Section 153A IPC - Hate Speech - Ingredients - To attract Section 153A, the words must promote or attempt to promote feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities - Mere criticism of a political party or its leaders does not fall within the ambit of Section 153A - Held that the petitioner's speeches were against a political party and not against any religious or community group (Paras 20-25). C) Criminal Law - Section 505(2) IPC - Public Mischief - Ingredients - The statement must be made with intent to cause, or which is likely to cause, fear or alarm to the public, or to induce any person to commit an offence against the State or against public tranquillity - The petitioner's statements did not meet this threshold - Held that no offence under Section 505(2) is made out (Paras 26-30).
Issue of Consideration
Whether the FIRs registered under Sections 153A(1)(a), 153A(1)(b) and 505(2) of the Indian Penal Code disclose any offence against the petitioner and whether they are liable to be quashed in exercise of inherent powers under Section 482 CrPC and Article 226 of the Constitution of India.
Final Decision
Both criminal writ petitions are allowed. FIR No. 0291/2022 registered with Kothrud Police Station, Pune and FIR No. 0489/2022 registered with Warje Malwadi Police Station, Pune, and all proceedings arising therefrom, are quashed.
Law Points
- Quashing of FIR
- Section 153A IPC
- Section 505 IPC
- Hate Speech
- Freedom of Speech and Expression
- Article 226 Constitution of India
- Section 482 CrPC
- Inherent Powers of High Court
