Case Note & Summary
The applicant, Suraj Arvind Thakare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of an FIR registered against him by Police Station Rajura, District Chandrapur for an offence under Section 153-A of the Indian Penal Code, 1860. The FIR was based on a complaint by non-applicant no.2, Vasudeo Bapuji Chaffle, alleging that the applicant posted filthy and abusive comments on the Facebook page of Mr. Ravi Rana, an MLA. The comments included vulgar and threatening language directed at the MLA personally. The applicant argued that even if all allegations were accepted, no offence under Section 153-A IPC was made out as the comments were not aimed at promoting enmity between different groups. The State contended that the allegations had potential to incite violence and disturb public order. The High Court, after careful consideration, found substance in the applicant's submission. The court held that the allegations, even taken at face value, could not by any stretch of imagination be said to promote enmity between different groups on grounds of religion, race, language, etc. The comments were directed at an individual and did not target any group. Therefore, the essential ingredients of Section 153-A IPC were absent. The court allowed the application, quashed the FIR, and set aside the proceedings.
Headnote
A) Criminal Law - Section 153-A IPC - Promotion of Enmity Between Groups - Essential Ingredients - The offence under Section 153-A IPC requires that the words or actions promote or attempt to promote feelings of enmity or hatred between different religious, racial, language or regional groups or castes or communities. Mere abusive or filthy language directed at an individual, even if a public figure, does not attract this provision unless it targets a group. (Paras 2-4) B) Criminal Procedure - Quashing of FIR - Inherent Powers - High Court can quash an FIR if the allegations, even if taken at face value, do not disclose any offence. Where the FIR lacks essential ingredients of the alleged offence, continuation of proceedings would be an abuse of process of law. (Para 4)
Issue of Consideration
Whether the allegations of posting abusive comments on a Facebook page of a political leader constitute an offence punishable under Section 153-A of the Indian Penal Code
Final Decision
Application allowed. FIR registered at Police Station Rajura for offence under Section 153-A IPC and all proceedings pursuant thereto are quashed and set aside.
Law Points
- Section 153-A IPC requires promotion of enmity between different groups on grounds of religion
- race
- etc.
- mere abusive language against an individual does not attract the offence
