HC refuses to dischargeman accused of postingcasteist remarksagainst MP
PRAYAGRAJ, July 25 -- The Allahabad high court refused to discharge a man accused of posting casteist remarks on social media against Chandra Shekhar Azad, Member of Parliament from Nagina in Uttar Pradesh.
The high court said that at the stage of framing of charges, the court is only required to examine whether a prima facie case exists and not to conduct a "mini-trial".
In an order dated July 21, Justice Santosh Rai dismissed the criminal appeal filed by Chandra Prakash Singh alias Goli Thakur, who challenged the trial court's order rejecting his discharge application in a case registered under Section 352 of the Bharatiya Nyaya Sanhita (intentional insult), Section 66 of the IT Act and provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
According to the appellant, the FIR was lodged after a delay of about seven days and no specific casteist words were mentioned in his social media post and the allegations were vague.
The counsel for the state government opposed the appeal, submitting that the appellant was specifically named in the FIR and the investigation collected sufficient prima facie material, including the social media post containing the objectionable statements.
The court said that although the FIR did not reproduce the specific casteist words allegedly used, it did allege that abusive remarks had been made against Azad.
The court also observed that the statements of prosecution witnesses specifically mentioned the abusive words allegedly used and supported the prosecution case.
The court said that a prima facie perusal of the material indicated that the impugned remarks were allegedly directed against a particular community belonging to the Scheduled Castes/Scheduled Tribes....
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