ALLAHABAD HC GRANTS PROTECTION TO THE MAN WHO CALLED CM YOGI ADITYANATH "MAN OF THICK SKIN"
16th January 2021
The very famous case, "The Hatras Rape Case," had majorly affected the general public, emotionally and mentally. The victim's late-night cremation took place without her family's approval, which led to a huge protest. While protesting against the Hatras Rape Case, a man (Neeraj Kishor Mishra) allegedly called the Chief Minister of Uttar Pradesh a "Man of Thick Skin."
Neeraj Kishor Mishra seeks to quash the FIR registered under sections 153 B(2), 505 (2) I.P.C. before the Hon'ble High Court. In the said FIR, it was alleged that the "BalmikiSamaj" created a nuisance by giving speeches by saying that the police officials were inactive and tricky.
The petitioner's counsel submitted that in a democratic country, a petitioner agitating on the rape could not be considered hatred or ill-will between different religious racial and hence, none of the offenses as enumerated in the impugned FIR was made out.
The court directed the state to file a counter affidavit within 4 weeks and directed it until the next date of listing or submitting a police report under section 173(2) Cr.p.c. Whichever is earlier, the petitioner shall not be arrested in the said impugned FIR.