Nagpur HC Drops FIR and Charges Against Soldier and Doctor
The Nagpur Bench of the Bombay High Court, with Justice Vibha Kankanwadi and Justice Vrushali Joshi, has cancelled an FIR and charge sheet against Pramod Shendre, a soldier, and Dr Subhash Waghe, a medical practitioner. The case, filed by Shahbaz Siddiqui at Narkhed Police Station, was based on an FIR from August 3, 2017. Siddiqui accused Shendre and Waghe of insulting religious feelings, intentional insult, and criminal intimidation under Sections 295A, 504, and 506 of the Indian Penal Code. Siddiqui claimed that the accused offended the Muslim community in a WhatsApp group chat, leading to his complaint.
During the court hearing, the applicant's lawyer argued that the FIR and charges were unjust and did not meet legal standards. He said that the WhatsApp conversations were not meant to hurt religious feelings and that the prosecution did not get the required approval under Section 196(1) of the CrPC for such serious charges.
The prosecution argued that the WhatsApp chat was inflammatory and violated Section 295A. The Court found several problems with the prosecution’s case, including a lack of government approval and a selective investigation. The judges stressed the importance of handling sensitive cases carefully and ensuring that such serious charges are backed by clear evidence of intentional harm to religious sentiments.
Advocate Sameer Sonwane represented the applicants, AGP Anup Badar represented the State, and Adv. R.S. Akbani represented the opposing side.
