The Allahabad High Court has refused to interfere with the order of the Varanasi subordinate court, rejecting the application filed under Section 156(3) seeking registration of FIR against comedian Kunal Kamra.
A single-judge bench of Justice Rahul Chaturvedi passed this order while hearing a petition filed by Saurabh Tiwari.
The matter under Article 227 of the Constitution of India is being filed challenging the order dated 23.12.2020 whereby the application under Section 156(3) CrPC has been rejected by the Judicial Magistrate-I, Varanasi.
The same was challenged before the revisional court, the revisional court too has rejected the revision affirming the order dated 23.12.2020.
“Since the 156(3) CrPC application has been rejected and in the light of judgement of the Apex Court in the case of Sakiri Vasu Vs State of UP and others in Appeal (Crl.) No 1685 of 2007 decided on 07.12.2007, the petitioner has alternative remedy to invoke the proper proceedings against the proposed accused, if so advise”
-the Court observed while disposing of the petition.
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Comedian Kunal Kamra has been accused of insulting the tricolour by posting an objectionable picture on Twitter by editing the tricolour hoisted on the Supreme Court building on November 11, 2020.