Madhya Pradesh High Court denied a plea to cancel an FIR against Congress worker Yadvendra Yadav over a Facebook post about PM Modi. The Court said the matter needs to be tried in court and cannot be quashed at this stage.
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JABALPUR: The Madhya Pradesh High Court said no to canceling a police case (FIR) filed against a Congress worker named Yadvendra Yadav. The case is related to a post he made on Facebook, where he claimed that Prime Minister Narendra Modi had “withdrawn” from a war with Pakistan due to pressure from the neighboring country.
Yadvendra Yadav is a Congress member and also works as the Up-Sarpanch of Gram Panchayat Singhpur.
He was accused of posting controversial photos and a video on Facebook where he allegedly said-
“Hon’ble Prime Minister under the pressure of the Pakistan has withdrawn the attack / War over the Pakistan.”
He was also accused of using “scurrilous language against the Indian Arms Forces.”
Yadav went to the High Court asking to cancel the FIR, saying it was politically motivated. He claimed the complaint was made by people who support the Bharatiya Janata Party (BJP). He also said he did not mean to harm the country’s reputation in any way.
But the High Court, led by Justice Vishal Mishra, clearly said that there was enough material collected against Yadav by the police and that the investigation is still ongoing. The Court explained that such FIRs can only be cancelled in very rare and exceptional situations—this case does not qualify for that.
The Court said:
“There is a very limited scope of interference in a petition seeking quashment of the FIR. The High Court should be vigilant and should interfere in rare of rarest cases where prima facie looking to the FIR no offence is made out against the concern, but in the present case, there is sufficient material collected by the prosecution against the petitioner. Furthermore, the investigation in the matter is still pending.”
The Court further added that all the arguments made by Yadav about political motivation and intention are things that need to be proved during the trial.
At this early stage, the Court said it cannot decide whether the FIR is true or false or if the crime is made out.
“The grounds which are being raised are all matter of evidence that is to be establish before the trial Court. At this stage, it cannot be concluded that the allegations made in the complaint/FIR have a truth of ring or not or whether ingredients of the offences alleged are made out or not,”
-the Court explained.
The High Court also reminded that it is not the job of the court at this point to deeply check the evidence or act like a higher court reviewing all the facts.
It stated:
“Under these circumstances, this Court is of considered opinion that no case is made out warranting interference as the investigation is pending in the matter.”
So, the Court decided to reject the request and allowed the investigation and legal process to continue.
- Advocate Sanjeev Kumar Singh appeared for the petitioner Yadvendra Yadav.
- The State was represented by Deputy Advocate General Swapnil Ganguly.
CASE TITLE:
Yadvendra Pandey vs The State Of Madhya Pradesh.
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