Lawstreet Journal

Sec 153A Cannot be Attracted by Merely Inciting Feelings of One Community Without Reference to Other Community: Karnataka HC [READ ORDER]

Lawstreet Journal 13 Oct 2020 4:29am

Image courtesy: Lawstreet Journal Judiciary Sec 153A Cannot be Attracted by Merely Inciting Feelings of One Community Without Reference to Other Community: Karnataka HC [READ ORDER]

An FIR was lodged under section 341 ( Punishment for wrongful restraint), 504 ( Intentional insult with intent to provoke breach of peace), 506 (Punishment for Criminal Intimidation),153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) r/w 149 (Every member of unlawful assembly guilty of the offence committed in prosecution of common object) of IPC against seven Muslim men. The FIR was registered on the basis of a complaint. The complaint stated that on 17.02.2010, at about 3.20 p.m., while the complainant was standing by the side of the road to cross the road, around 200-250 people came in procession and threatened the people not to cross the road and thereafter abused the complainant in vulgar language and threatened him that if headed to cross the road, he will not reach home. It is further alleged therein that the mob was behaving in such a manner that by their Unit march, the Hindus should get frightened and on seeing the Muslims, they should flee from the village.

To quash this FIR a petition was filed under section 482 C.r.P.C (Saving of inherent powers of High Court) in Karnataka High Court. Learned counsel for the petitioner while seeking to quash the FIR relied upon the case of BILAL AHMED KALOO v. STATE OF A.P., AIR 1997 SC 3483, MANZAR SAYEED KHAN v. STATE OF MAHARASHTRA AND ANOTHER, (2007) 5 SCC 1 and alleged that the allegations… Continue Reading...


Tagged: Karnataka high court  
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