Goutam Bhaduri, J
1. Heard.
2. The present petition is to quash the proceedings of criminal case No.389/18, which arose out of the crime No.171/17, registered at Police Station,
Chhuriya, District Rajnandgaon and presently the case is pending before the JMFC, Rajnandgaon.
3. The brief facts of the case are that a complaint was made by one Rajinder Pal Singh Bhatia that the petitioner has affixed an obscene photograph
of Prime Minister by editing and was made a screen shot on his WhattsApp showing that the Prime Minister is holding the breast of a woman with a
caption that caught the black money. The said picture was circulated in a WhattsApp whereby the entire image of the Prime Minister was tarnished
and complainant after seeing it, he felt aggrieved and ashamed and it was stated that the said photograph was made deliberately to tarnish the image
of a person who is holding the constitutional post and is the Prime Minister of India. After investigation, the charge-sheet was filed, which is pending
adjudication.
4. Learned counsel for the petitioner submits that the complainant do not have any locus to file the complaint. He further submits that the mobile which
was alleged to be used has not been seized by the police and without the seizure of the mobile, it cannot be said that petitioner is the author to prepare
such photograph by editing in the WhattsApp screen shot, therefore, the entire prosecution is on the presumption, which needs to be quashed.
5. Per contra, learned State counsel vehemently opposed the argument advanced by learned counsel for the petitioner.
6. Along with the petition one obscene photograph and the statements of one Bhojwani Sahu is also enclosed, who has affirmed to have taken out the
photograph. Statements of Rajinder Singh Bhatia is perused, wherein he stated that the obscene effect of the photographs, wherein the Prime Minister
Narendra Modi was shown holding the breast of a woman and the caption was written that he has caught the black money, was circulated to different
persons as it was in the WhattsApp identity photographs of the petitioner's mobile. According to the statement, the petitioner Akil Memon placed such
photograph by editing photograph and the mobile number is 9424112349. Similar statements have been given by Hirde Nishad, Kanta Sahu, Manish
Jain etc. The record further shows that when the notice was given to the petitioner under Section 91 Cr.P.C. to produce the mobile bearing
No.9424112349, the petitioner came out with the reply that he has lost the mobile.
7. At this stage, prima facie, nothing comes on record to show that the petitioner was not the owner of the mobile which was containing the
photographs. The statements prima facie would show that initially while in exercise of power under Section 482 Cr.P.C. at the initial stage, the Court
is concerned not with the proof of the allegation rather it has to focus on the material and form an opinion whether there is strong suspicion that the
accused has committed an offence, which if put to trial, could prove his guilt. The stage of this case is not that the final test of guilt to be applied.
Considering the statement, prima facie, I do not find any ground exist to quash the proceeding of the criminal case since the offence is to be tested by
the trial Court during the course of evidence.
8. The petition has no merit. It is accordingly dismissed.
