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1) By this Petition filed under Article 226 of the Constitution of
India r/w Section 482 of the Code of Criminal Procedure, the Petitioner is
seeking quashing of First Information Report (FIR) No. 178 of 2025, dated
15th May 2025, registered with Kalepadal Police Station, Pune, for the
offences punishable under Sections 152, 196, 197, 352 and 353 of the
Bharatiya Nyay Sanhita, 2023 (for short ‘BNS 2023’).
2) Heard Mr. Sathe, learned Advocate for the Petitioner and Smt.
Deshmukh, learned APP for State. Perused entire record produced before
us.
3) In the FIR it is alleged that, both the Petitioner and the first
informant are residing in the same Housing Society in Pune City, known as
Margosa Heights. A WhatsApp group was created by a female member of
the Society, only for the females residing in the Society named as ‘Sath Sath
Margosa Ladies’. Around 380 female members became part of this
WhatsApp group. On 7th May 2025, the Indian Armed Forces carried out
‘Operation Sindoor’ thereby destroying terrorist launch pads situated in and
around the neighbouring country. The members of the WhatsApp group of
‘Sath Sath Margosa Ladies’ started praising the Indian Armed Forces for
conducting ‘Operation Sindoor’. Many members of the group started
sending their commending messages in the group. The Petitioner at the
DDR cri.wp3257-25.doc
same time sent a message stating that, ‘we have T.V. and mobiles, therefore,
the group should not be used as a National News Channel’ to which one of
the group member replied saying that, it was perfect time to show solidarity
towards the Nation, Army and Prime Minister, ending her message with
words ‘Jai Hind, Jai Bharat’. To which a few other members replied ‘Jai
Hind’. Immediately the Petitioner reacted with laughing emoji. Thereafter
there were certain exchange of WhatsApp messages. The Petitioner
subsequently sent few more messages on the said WhatsApp group and also
updated WhatsApp status with a link of a Facebook video to which some of
the members of the WhatsApp group who were known to the Petitioner,
objected. The Petitioner went ahead and also sent further messages which
were against the Prime Minister and also against the country. Based on such
WhatsApp messages sent by the Petitioner, the FIR was lodged by the First
Informant against the Petitioner.
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