Madras High Court quashes criminal proceedings holding that raising ‘Facist BJP’ slogan does not constitute any offence.

The Madras High Court quashed the criminal proceedings initiated on a complaint lodged by the Airport authority, made by the former State President of BJP, Tamil Nadu, for offences under Sections 290 of IPC and 75(1)(c) of Tamil Nadu City Police Act,1888 and Section 505(1)(b) of IPC . The Petitioner against whom the FIR had been registered had raised slogan “Fascist BJP down down” at the second respondent, the former State President of BJP while on Indigo flight between Chennai to Thoothukudi on 03.09.2018. The said slogan was raised while the passengers were alighting from the flight, on which former State President of BJP preferred complaint to the Airport Manager who in turn preferred complaint with the first respondent. The first respondent registered the First Information Report in Crime No.285 of 2018.
 
The High Court on appreciation of the matter observed that:
 
In this Case no any violence committed by the petitioner and mere uttering of the said word is not likely to endanger the safety of any aircraft and the complaint was not given by the aircraft alleging to attract the said provision. Even according to the complaint, the sections mentioned in the First Information Report are non-cognizable offences and the procedures laid down under Section 155 of Cr.P.C have not been followed in this case. Once the magistrate rejected the remand for the offence under Section 505(1)(b) of I.P.C, it is the duty of the police to follow the procedure under Section 155 of Cr.P.C.
 
In this case First Information Report has been registered under Sections 290 of IPC and Section 75(1)(c) of Tamil Nadu City Police Act and thereafter without any allegation in the complaint the Section 505(1)(b) of IPC was inserted by handwritten and the learned Magistrate also refused to remand under Section 505(1)(b) of IPC, thereby the police ought to have followed the procedures contemplated under Section 155 of Cr.P.C. The section 505(1)(b) of IPC was handwritten without any material to attract the said provision
 
The High Court while quashing the charge sheet observed that the First Information Report and the charge sheet discloses that the petitioner only raised slogans as 'Fascist B.J.P' and those words do not constitute any offence and it is trivial in nature. 

Lois Sophia @ Layis Shobia v. Inspector of Police and Others