Prayagraj: The Allahabad High Court on Tuesday stayed the arrest of two persons against Ram Janmabhoomi Trust general secretary Champat Rai for posting derogatory material on social media.
The court further asked the state government to file a counter-affidavit in the case and issued notice to Sanjay Bansal, brother of Champat Rai, who had lodged an FIR against two persons at Nagina police station in Bijnor.
Justice SP Kesarwani and Justice Piyush Agrawal passed the order in two separate petitions filed by two accused in the case, Vineet Narayan and Rajneesh Kapoor.
On June 19, a complaint was filed by Sanjay Bansal that the petitioners had posted certain social media posts against Champat Rai on the basis of false allegations made by one Alka Lahoti with intent to promote enmity or hatred between classes .
The petitioners submitted that the reading of the FIR does not constitute an offense and the FIR has been registered with a malafide intention which does not disclose the commission of any offense by the petitioner. Therefore, the impugned FIR deserves to be dismissed.
The court, after hearing the parties, observed, “Rare perusal of the impugned First Information Report shows that even though the allegations made in the First Information Report are fully framed, they do not constitute the alleged offence. ”
“From the aforesaid, it appears prima facie that the First Information Report cannot be maintained in view of the law laid down by the Hon’ble Supreme Court in State of Haryana and Ors.
The court, while issuing notice to Sanjay Bansal, has fixed July 27 as the next date of hearing in the case.
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