The Allahabad High Court recently dismissed a plea filed by Rajesh Kumar under Section 482 of the Criminal Procedure Code (CrPC). Kumar was accused of sharing a highly objectionable and disrespectful picture of Lord Hanuman on social media, accompanied by an offensive tagline.
Justice Prashant Kumar, presiding over the single judge bench, emphasized that the court cannot draw independent conclusions or make inferences solely based on the contents of the First Information Report (FIR) and the material presented when dealing with an application filed under Section 482 challenging the charge sheet.
The court acknowledged that the jurisdiction under Section 482 CrPC has well-defined parameters, and it was determined that the current application did not meet the necessary criteria as prescribed by the law.
After conducting an investigation, a chargesheet was filed, and upon reviewing the presented evidence, the court concluded that there exists a prima facie case against the accused. Consequently, the case will proceed accordingly.
