In the Matter of Rajesh Kumar v State The accused, Rajesh Kumar, was named in the FIR for allegedly upsetting communal harmony, engaging in public mischief, and hurting religious sensibilities. Before the High Court, the accused made a motion to dismiss the case in accordance with Section 482 of the Code of Criminal Procedure (CrPC).
Analysis of Court Verdict
Justice Prashant Kumar of the Allahabad High Court’s single bench declined to throw out a case against a man for allegedly sharing a highly insulting image of Lord Hanuman with an abusive statement. remarked on how alarming the claims made against the accused in the first information report (FIR) were. The court determined that there was a solid case against the defendants. Therefore, it decided not to dismiss the case.
By no stretch of the imagination, it could be contended that the current application filed under Section 482 Cr.P.C. fulfils the requirement as envisioned, the bench stated. The High Court’s scope of exercising jurisdiction under Section 482 Cr.P.C. is well defined. Therefore, there is no justification for interfering with and considering the current application made in accordance with Section 482 of the Civil Procedure Code.
The Supreme Court’s ruling in State of Haryana v. Bhajan Lal, in which it set rules for the use of inherent powers by High Courts using Section 482, CrPC, was cited by the High Court in its reasoning. The High Court determined that the present case did not meet the criteria for using the Court’s authority to void cases under Section 482, CrPC.After noting that it cannot discuss the merits of the case at this time, the Court went on to reject the accused’s plea.