Legally Speaking

MP HC dismisses plea of man booked for offensive post

New Delhi: The Madhya Pradesh High Court has dismissed a petition from a man seeking to quash an FIR related to an allegedly offensive post on his Instagram account targeting Lord Ram, Uttar Pradesh Chief Minister Yogi Adityanath, and Hinduism.
The petitioner, Mohammad Bilal, filed the plea to challenge the FIR registered against him on August 17, 2023, under several sections of the Indian Penal Code, including 294, 153A, and 295A, as well as sections 3(1) and 3(2) of the SC/ST (Prevention of Atrocities) Act at a police station in Satna.
In his petition, Bilal contended that his Instagram account had been hacked two days prior to the posting of the objectionable content, and that he was not responsible for the offensive material. However, the High Court’s single bench, led by Justice GS Ahluwalia, found otherwise.
The court noted that the FIR indicated the complainant had directly approached Bilal regarding the offensive post. Instead of clarifying that his account had been hacked, Bilal allegedly responded with abusive language and humiliation, further inflaming the situation and hurting the complainant’s religious sentiments.
Justice Ahluwalia remarked, “This conduct of the petitioner indicates that the defense of uploading the offensive post by someone else is incorrect.”
The court emphasized that Bilal had effectively admitted to the uploading of an offensive post on his account and therefore had no justification for his reaction to the complainant.
The judge stated, “Whether the allegations made in the FIR are correct or not cannot be considered at this stage,” underscoring the preliminary nature of the proceedings.

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