
The Chhattisgarh High Court has refused to quash proceedings against a woman accused of posting objectionable remarks about Dr B.R. Ambedkar on Instagram. A Division Bench of Chief Justice Ramesh Sinha and…
The Chhattisgarh High Court has refused to quash proceedings against a woman accused of posting objectionable remarks about Dr B.R. Ambedkar on Instagram. A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that the allegations, statements and investigation material, taken at face value, prima facie disclosed cognizable offences under the Bharatiya Nyaya Sanhita and the SC/ST Act.

The court said disputed issues, including the remarks’ context, the petitioner’s alleged intention and electronic evidence, must be examined at trial, not in a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita. It also said omissions in reproducing exact statutory provisions did not invalidate the cognizance order without demonstrated prejudice. The petition was dismissed.
Claims that the ruling establishes guilt confuse a decision on quashing with a trial verdict. Equally, portraying every offensive social-media post as automatically punishable ignores the court’s limited role at this stage. The case will turn on the exact words, their context, the electronic evidence and whether prosecutors prove each legal ingredient. The eventual trial record, not online outrage, must settle that question.
Source: livelaw.in
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