The Allahabad High Court granted interim protection from arrest to a man who said that UP CM Yogi Adityanath is a man of thick skin during a protest.
The Bench granted Neeraj Kishor Mishra protection against whom an FIR was registered for offences u/s 152-B-2 and 505(2) of Indian Penal Code.
It is alleged that the petitioner called UP CM a man of thick skin during a protest related to Hathras Gang rape incident. The FIR also states that Balmiki Samaj( to which the victim belonged) created a disturbance by taking out a protest without police permission.
Learned Counsel for the petitioner(Mishra) argued that in a democratic nation, agitation is a constitutional right. Therefore, the petitioner’s act cannot be called as inciting hatred or dividing members of different communities. Therefore, no offence u/s 153-B(2) and Section 505(2) IPC is made.
After hearing the contentions, the Bench opined that the case requires consideration and granted interim protection from arrest to Mishra.
The Bench granted the respondents four weeks to file their counter affidavit and another two weeks to the petitioner to file a rejoinder. The case will now be listed after six weeks.
However, the Bench clarified that investigation in the case has not stayed.
Title: Neeraj Kishor Mishra vs State of UP & Ors
Case No.: CRIMINAL MISC. WRIT PETITION No. – 17509 of 2020
Date of Order:11.01.2021
Coram: Hon’ble Justice Anjani Kumar Mishra and Hon’ble Justice Shekhar Kumar Yadav