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FB post against CM HC wonrsquot stay accusedrsquos arrest

| Saturday | 30th March, 2019

ALLAHABAD: Allahabad High Court on Friday declined to stay arrest of one Harshit Yadav of Varanasi, who is accused of posting objectionable matter against UP chief minister Yogi Adityanath on Facebook. However, the state counsel opposed the petition, contending that prima facie offence is made out against the petitioner.Therefore, the FIR cannot be quashed. Acting on his complaint, an FIR was registered under Section 504 (intentional insult with intent to provoke breach of the peace) and section 66C (identity theft) of Information Technology Act in this regard.During the court proceedings, the counsel for the petitioner took the plea that the case was politically motivated, hence, the FIR must be quashed. Dismissing a petition filed by Harshit, a division bench comprising Justice Vipin Sinha and Justice Ajit Singh declined to interfere in the matter.Harshit had challenged the first information report (FIR) lodged against him in which it was alleged that he had uploaded an objectionable post against UP chief minister when Samajwadi Party chief and former Uttar Pradesh chief minister Akhilesh Yadav was denied permission on February 12, 2019 to attend a function in Allahabad University.In the petition, a request was made to stay the arrest and also to quash the FIR.To recall, Akhilesh Singh of Hindu Yuva Vahini had moved a complaint at Ramnagar police station of Varanasi, alleging that Harshit Yadav had uploaded an objectionable post against Yogi on social media.

ALLAHABAD: Allahabad High Court on Friday declined to stay arrest of one Harshit Yadav of Varanasi, who is accused of posting objectionable matter against UP chief minister Yogi Adityanath on Facebook. Dismissing a petition filed by Harshit, a division bench comprising Justice Vipin Sinha and Justice Ajit Singh declined to interfere in the matter.Harshit had challenged the first information report (FIR) lodged against him in which it was alleged that he had uploaded an objectionable post against UP chief minister when Samajwadi Party chief and former Uttar Pradesh chief minister Akhilesh Yadav was denied permission on February 12, 2019 to attend a function in Allahabad University.In the petition, a request was made to stay the arrest and also to quash the FIR.To recall, Akhilesh Singh of Hindu Yuva Vahini had moved a complaint at Ramnagar police station of Varanasi, alleging that Harshit Yadav had uploaded an objectionable post against Yogi on social media. Acting on his complaint, an FIR was registered under Section 504 (intentional insult with intent to provoke breach of the peace) and section 66C (identity theft) of Information Technology Act in this regard.During the court proceedings, the counsel for the petitioner took the plea that the case was politically motivated, hence, the FIR must be quashed. However, the state counsel opposed the petition, contending that prima facie offence is made out against the petitioner.Therefore, the FIR cannot be quashed.

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