Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Allahabad High Court: In an application filed by Siddharth Varadarajan, Managing Director of online news portal The Wire, seeking quashing of a cognizance and summoning order as well as the charge-sheet, the Single Judge Bench of Pankaj Bhatia, J., stayed the proceedings and granted the State the last opportunity to file a counter-affidavit.
Background
In 2021, an FIR was lodged by a Sub-Inspector against certain alleged miscreants, including a journalist of The Wire and The Wire itself, for making and posting a video clip of the demolition of the Barabanki Mosque. They also allegedly claimed that the administration/police threw the religious books in the river and the drain. The police claimed that the video presented the incident in a communal way to create disharmony.
Accordingly, several FIRs were filed, and arrests were made. Similarly, an FIR was lodged against Siddharth Varadarajan, as well as the cameraman and anchor of The Wire, under Sections 153, 153-A, 505(1)(b), 120-B and 34, Penal Code, 1860 (IPC).
Analysis
The Court noted that in 2023, it had issued notices to the State and Respondent 2 seeking their counter-affidavits. However, despite a lapse of more than two and a half years, the State did not file any counter-affidavit. Furthermore, the State sought more time to file the counter-affidavit.
Considering the submissions made at the Bar and on perusal of the FIR, the Court held that prima facie the FIR would not attract the prosecution under Section 153-A IPC due to the following reasons:
-
There was no material to deny that there was no sanction obtained under Section 153-A with Section 196, Criminal Procedure Code, 1973 (CrPC).
-
There was no material even in the said FIR with regard to the personal complicity of Siddharth Varadarajan.
-
The summoning order did not disclose any application of mind based upon the analysis of the charge-sheet, which was directed by the Court in its order dated 9 July 2021, passed in Mohd. Anees v. State of U.P.1
Thus, the Court granted the State three weeks to file the counter-affidavit, and if it is not filed by the next date, the matter shall be decided without it.
Accordingly, further criminal proceedings were stayed, and the matter was listed for 31 March 2026.
[Siddharth Varadarajan v. State of U.P., Application u/S 482 No. 5788 of 2023, decided on 10-3-2026]
Advocates who appeared in this case:
For the applicant: Veena Vijayan Rajes, Areeb Uddin Ahmed, Avinash Singh Vishen, Harsh Vardhan Kediya, Ishan Baghel, Sheeran Mohiuddin Alavi, Waseeq Uddin Ahmed
For the respondent: Govt Advocate, Hari Om Singh
Buy Penal Code, 1860 HERE
Buy Code of Criminal Procedure, 1973 HERE
1. Misc Bench No. 13812 of 2021.