The Allahabad High Court in the case Santosh Kumar vs. Gay


Supreme Court Refused To Quash FIR Against UP Congress Leader Over Alleged ‘Modi-Adani Love Affair’ Remark
The Supreme Court in the case observed and has dismissed the writ plea moved by the Secretary of UP Youth Congress, Sachin Chaudhary, wherein seeking to quash an FIR over his alleged remark that Prime Minister of India Narendra Modi was in a love affair with Industrialist, founder and chairman of Adani Group, Gautam Adani.
The bench comprising of Justice Aniruddha Bose and Justice Bela M. Trivedi in the case observed while delving into the contentions raised by the petitioner that if the allegations made in the FIR are taken to be true, the same would not constitute an offence as stated under Section 153A, the Promoting enmity between different groups of the Indian Penal Code, IPC.
The court in the case observed that this argument of the petitioner has been summarized in the order of the High Court, in which the quashing plea of the petitioner has been rejected. Thus, the law enforcement agency is still investigating the alleged commission of offences, and they ought to decide on a future course of action after the completion of an investigation.
Therefore, the court at this stage do not think it is a fit case for interference.
In the present case, the Special Leave Petition was filed assailing the judgment of the Allahabad High Court, wherein the court refused to quash the FIR.
Further, the High Court in the case observed that the offence alleged in the FIR would definitely fall within the ambit of Section 153-A and Section 505(2), the Statements creating or promoting enmity, hatred or ill-will between classes of the Indian Penal Code, IPC which are cognizable offence and hence, the FIR, cannot be quashed.
In the said case, the FIR was lodged at the instance of Bharatiya Janata Party’s youth wing leader Akshit Agarwal, wherein he alleged that Chaudhary, in a press conference organised in Sambhal, used derogatory words against the Prime Minister by stating that he had a love affair/homosexual relation with (Gautam) Adan