In the case Sachin Chaudhary v State of U.P a writ suit filed by Sachin Chaudhary, the secretary of the UP Youth Congress, asking for the First Information Report for offences under Sections 153-A, 505(2), and 504 of the Penal Code, 1860 (or “IPC”) to be quashed.
According to Sachin Chaudhary, the FIR’s claim that he spoke at a press conference and violated Section 153-A of the IPC cannot and should not be taken seriously. It is difficult to comprehend how the statements will undermine communal peace given the nebulous nature of the FIR’s claims. As far as the relationship between the Prime Minister and Adani is concerned, the FIR also makes claims of a love affair and homosexuality. There is no legal violation in Sachin Chaudhary’s comment. Additionally, the clause that was used in the contested FIR criminalises free expression, which is protected by the Constitution. Therefore, the FIR is false and was initiated for political purposes.
According to the State, the comment made during the press conference is harmful to maintaining harmony between groups or communities and has the potential to undermine both communal harmony and general peace.
Analysis of Court Order
The FIR filed against him for his claimed remark regarding the “love affair” between the founder of the Adani Group, Gautam Adani, and Prime Minister of India, Narendra Modi, was not quashed by the division bench of Justice Nand Prabha Shukla and Justice Anjani Kumar Mishra of the Allahabad High Court.
The Court stated that the claimed offence in the challenged FIR would unquestionably fall within Sections 153-A and 505(2) of the IPC, both of which are offences that are punishable by law. Therefore, the FIR cannot be dismissed. In light of this, the Court denied the writ petition.