Patna High Court - Orders
Asaduddin Owaisi @ Asaduddin Owesi @ ... vs The State Of Bihar on 25 April, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65643 of 2019
Arising Out of PS. Case No.-175 Year-2015 Thana- BAISI District- Purnia
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ASADUDDIN OWAISI @ ASADUDDIN OWESI @ ASDUDDIN OBAISI
Son of Late Sultan Sallauddin Owaisi Party President of AIMIM, At Presently
Resident of Banjara Hill, Police Station-Banjara Hill, District-Hydrabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sonu Kumar Son of Dinesh Prasad Jaiswal Resident of Village-Kursaila,
P.S-Kursaila, District-Katihar, then posted as Flying Magistrate, Baisi, 57,
Bihar Legislative Assembly Election, 2015 under district of Purnea.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate
Mr. Pratik Kumar, Adv.
Mr. Sarvottam Kumar, Adv.
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 25-04-2025Heard Mr. Raj Kumar, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.
2. The present petition has been filed for:-
"for quashing of the order dated 20.08.2010 раssed by Ld. A.C.J.M. I, Purnea, whereby and where under he has been please to take cognizance against the petitioner in connection with Baisi P.S. Case No. 175 of 2015 for the offence punishable U/s 188 of the I.P.C. and Section. 3 of the Bihar Control of the use & Play of Laud Speaker Act, Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 2/12 1955 in most arbitrary and illegal manner."
3. As per the prosecution story, the allegation is that during the 2015 Bihar Legislative Assembly Election, an information was received by the informant, posted as Flying Magistrate, Baisi-57, Assembly Constituency that the petitioner, Asaduddin Owaisi, President of a political party, AIMIM was addressing the people in favour of his party candidate near Karbala Mosque in the village, Shadipur, Bhutaha.
4. On information, the informant went there along with Police personnel but did not find any activity at the said place. However, one Md. Julfekar Ahmad, a local resident, gave his mobile where there was footage of the speech given by the petitioner on a loudspeaker. As he had not taken any permission in this regard, Baisi PS Case No. 175/2015 under Section 188 of the Indian Penal Code (henceforth for short, 'the IPC') and Section 3 of the Bihar Control of the use & Play of Laud Speaker Act, 1955 (henceforth for short, ' the 1955 Act.) was lodged.
5. After completion of investigation, the charge- sheet no. 166 of 2015 was submitted on 31.12.2015 under the aforesaid Sections of 'the IPC'/ 'the 1955 Act'. This followed Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 3/12 the cognizance taken by the learned ACJM-1, Purnea on 20.08.2016 under Section 188 of the IPC and section 3 of 'the 1955 Act'.
6. Aggrieved, the present petition has been filed by the petitioner.
7. There is total denial on the part of the petitioner that he organized or addressed the people/gathering on loudspeaker without the permission of the concerned authority. His case is that the petitioner was actually visiting Purnea, Bihar for his party work, as it was 'Namaz time', he went to Karbala mosque to offer 'Namaz'. Once outside the mosque, some people were present with whom he chatted. It is categorical stand of the petitioner that neither any meeting was organized nor he addressed any gathering seeking vote for the candidate relating to the 2015 Assembly Election warranting the FIR.
8. Learned counsel for the petitioner submits that when a political leader heading a party comes, he/she is accompanied by the security personnel involving the local Police who also follow them. There is nothing on record to show that the police personnel assigned the duty with the petitioner ever made any complaint and/or were examined/their statements recorded. In that background, only because a person Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 4/12 opposing him provided a footage, whose authenticity was never ascertained, that cannot be a ground to unnecessary harass a person much less the petitioner herein.
9. The further submission is that in a very routine manner, the police submitted the charge-sheet and again, there is complete non application of mind on the part of the learned Court in taking cognizance against the petitioner.
10. Learned State Counsel, on the other hand, submits that the footage in this mobile of the local clearly shows the petitioner addressing certain people on mike near Karbala Mosque and in that background, the submission of charge-sheet followed by the cognizance order is/are justified.
11. The case was earlier taken up on 26.04.2023 by this Court and while allowing the Superintendent of Police, Purnea to file counter within the period of six weeks, the proceeding in connection with Baisi PS Case No. 175 of 2015 pending before the court of learned ACJM- 1st Purnea was stayed. Later on 19.07.2023, the matter was admitted for final hearing.
12. This Court has gone through the facts of the case and the materials on record. The is contention of the petitioner is that he never addressed any audience during the Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 5/12 2015 Bihar Assembly Election, was visiting Purnea, had gone to offer 'Namaz' at Karbala mosque but the people opposing him created a story which has been accepted by the police without any further inquiry by them. There own version is that upon reaching the place on information, they did not see/hear anything and/or came to know that any meeting was held. However, accepting the video footage provided by a local in his mobile, the FIR was lodged which followed submission of charge-sheet and the cognizance order.
13. The petitioner heads a political party and claims to be its President. The local District Magistrate as also the Superintendent of Police, Purnea, once the election is announced (this relates to 2015 Bihar Legislative Assembly Election) immediately come under the authority of Election Commission of India/State Election Commission.
14. Further, each and every political party / its leaders have to submit the tour plan/programme relating to their leader
(s) and / or their movement in a district and it is not the case of the District Administration/Superintendent of Police nor there is nothing on record from their own part to prove that the petitioner was addressing the audience near Karbala mosque.
15. It is again important to mention that the local Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 6/12 Police personnel accompany such political leader and when the District Administration once received the information, reached the place, though they did not get anything there to show that any meeting took place, however, a video footage was made available allegedly recorded in a mobile. In that background, a proper investigation was required to come to the conclusion about the veracity of the video footage.
16. Instead and only banking on a mobile video provided by a local and accepting it as sacrosanct, the prosecution found case to be true and submitted charge-sheet in the matter.
17. The counter affidavit of the Superintendent of Police, Purnea is on record, Annexure- 'B' i.e. the memo no. 4710 dated 30.10.2015 is worth mentioning and reads as under:-
Kkikad 4710@lh-vkj-] iqfyl] v/kh{kd dk dk;kZy;] iwf.kZ;kWaA iwf.kZ;kW] fo-iz-la-&1324@15] iwf.kZ;kW] fnukad&30-10-15 Ikzfrosnu&02&lg&vafre vkns"k ck;lh Fkkuk dkaM la&175@15] fn&22-10-15] /kkjk&188 Hkk0n0fo0 ,oa 03 Bihar control of the use & play of Loudspeaker Act 1955 ........................
vuqeaMy iqfyl inkf/kdkjh] ok;lh dk layXu Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 7/12 Ik;Zos{k.k fVIi.kh dks bl dkaM dk izfrosnu&02 ekuk tk;sA izLrqr dkaM oknh lksuw dqekj is0 Jh fnus"k izlkn t;loky lk0 ,oa Fkkuk dqjlsyk ftyk dfVgkj orZeku fcgkj f"k{kk ifj;kstuk inkf/kdkjh iz[kaM Mx:vk lg mM+unLrk n.Mkf/kdkjh] ck;lh ds fyf[kr vkosnu ds vk/kkj ij izk0vfHk0 1- ,0vkbZ0,e0vkbZ0 ,e0 ds ikVhZ v/;{k vln~m)hu vkscSlh ds fo:) vkn"kZ vkpkj lafgrk dk mYya?ku djus ds vkjksi esa vafdr fd;k x;k gSA dkaM ds Ik;Zos{k.kdRrkZ vuqeaMy iqfyl inkf/kdkjh }kjk vius Ik;Zos{k.k ;s ;g dkaM /kkjk&188 Hkk0n0fo0 ,oa 03 Bihar control of the use & play of Loudspeaker Act 1955 ds varxZr izk0vfHk0 1-,0vkbZ0,e0vkbZ0,e0 ds ikVhZ v/;{k vln~m)hu vkscSlh ds fOk:) lR; ,oa vkjksi i= gsrq Ik;kZIr lk{; dk miyC/k gksuk crk;k x;k gSA vuqeaMy iqfyl inkf/kdkjh }kjk lefiZr Ik;Zos{k.k fVIi.kh esa ?kVuk ds laca/k esa mYys[k fd;k x;k gS fd ?kVuk ds fnu fnukad&22-10-15 dks le; djhc 16-40 cts uksMy inkf/kdkjh] 57 ck;lh ds Jh iIiq th }kjk nqjHkk'k la0&9199402979 ij lwpuk fn;k x;k fd xzke "kknhiqj Hkqrgk esa ,0vkbZ0,e0vkbZ0,e0 ds ikVhZ v/;{k vln~m)hu vkscSlh }kjk fcuk vuqefr ds ykmMLihdj }kjk HkhM+ ,df=r dj ikVhZ mEehnokj xqyke ljoj ds i{k esa ck;lh ds xzke "kknhiqj Hkqrgk] djcyk efLtn ds iwjc rjQ ls ih-lh-lh ds if"pe ijrh Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 8/12 tehu ij Hkk'k.k fn;k tk jgk gSA ftl lqpuk ds vkyksd esa oknh mM+unLrk ny ds iqfyl inkf/kdkjh v0fu0 deykifr flag] ck;lh Fkkuk rFkk lh-vkbZ-,l- >k ds lkFk vkoafVr okgu lqeks ch-vkj- 11 ,Q-&9564 ds pkyd jktho dqekj >k le; djhc 17-05 cts igwWps rks ogkW ij fdlh rjg dk izpkj&izlkj djus@Hkk'k.k laca/kh xfrfof/k fn[kkbZ ugha fn;k] ijarq LFkkfu; fuoklh eks0 tqyQsdkj vgen is0 lfQmj jgeku }kjk vius eksckbZy ls fd;k x;k vln~m)hu vkscSlh dk Hkk'k.k lacaf/k fjdkWfMax fn[kk;k x;k rks mDr fjdkWfMax dks oknh vius fofM;ksxzkQj ds dSejk esa ys fy;sA ftlls fn[kus ij Li'V gksrk gS fd ikVhZ v/;{k vln~m)hu vkscSlh }kjk ykmMLihdj ds ek/;e ls Hkk'k.k dk vk;kstu fd;k x;k Fkk rFkk oknh dks LFkkuh; yksxksa ds }kjk crk;k x;k fd fnukad&22-10-15 dks djhc 16-30 cts ls 16-40 cts rd vkscSlh }kjk lHkk dk vk;kstu fd;k x;k FkkA ftl laca/k esa muds }kjk lHkk vk;kstu gsrq iwoZ ls dksbZ vuqefr ugha fy;k x;k FkkA ftlls Li'V gksrk gS fd ikVhZ v/;{k vln~m)hu vkscSlh }kjk vkn"kZ vkpkj lafgrk dk mYya?ku fd;k x;k gSA ftl vkjksi esa oknh }kjk bl dkaM dks ntZ djk;k x;k gSA bl dkaM ds vuqa/kkudRrkZ }kjk dkaM ds izk0vfHk0 , 0vkbZ0,e0vkbZ0,e0 ds ikVhZ v/;{k vln~m)hu vkscSlh dks fof/klEer dkjZokbZ djrs gq;s tekur ij eqDr fd;k x;k gSA mik0 }kjk dkaM dk vuqla/kku izk;% lHkh fcUnqvksa ij iw.kZ gksus dk mYys[k djrs gq;s vuqla/kkudRrkZ dks dkaM esa /kkjk&188 Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 9/12 Hkk0n0fo0 ,oa 03 Bihar control of the use & play of Loudspeaker Act 1955 ds varxZr izk0vfHk0 1-,0vkbZ0,e0vkbZ0,e0 ds ikVhZ v/;{k vln~m)hu vkscSlh ds fo:) vkjksi i= lefiZr djus dk vkns"k nsus dh vuq"kalk fd;k x;k gSA mi;qZDr rF;ksa ds vkyksd esa vuqeaMy iqfyl inkf/kdkjh }kjk dh xbZ mDr vuq"kalk ls lger gksrs gq;s vuqla/kkudRrkZ dks dkaM esa /kkjk&188 Hkk0n0fo0 ,oa 03 Bihar control of the use & play of Loudspeaker Act 1955 ds varxZr izk0vfHk0 1- ,0vkbZ0,e0vkbZ0,e0 ds ikVhZ v/;{k vln~m)hu vkscSlh ds fo:) vkjksi i= lefiZr djus dk vkns"k fn;k tkrk gSA dkaM dk vuqla/kku lekIrA vxyk izfrosnu lgk;d yksd vfHk;kstd }kjk lefiZr fd;k tk;sxkA v0d0 %& v0fu0 jkds"k jatu flag] vfHk0 %&01] tekur&01] dkaM nSfudh %& vizkIr] iq-e-fu-@iq-m-e-fu-@mik-@iq-fu-@v-d-
iqfyl v/kh{kd Sd/-
iwf.kZ;kWa (underline inserted by the Court)
18. From the aforesaid facts, it is clear that despite the Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 10/12 petitioner visiting Bihar / Purnea, the District Administration / Police authority having full knowledge of his movement actually had no information regarding him allegedly addressing the people near Karbala mosque. Further, whether in between 16.30 to 16.40, he was addressing a public meeting warranting permission and/or chatted with those present near the Karbala mosque has also not been investigated.
19. Upon complaint, it is the case of the informant that upon reaching there, they did not find anything to show that a meeting has taken place. In that background, when the video footage from a mobile was made available to the informant; the logical step should have been to send the same to the Forensic Science Laboratory to check its authenticity/veracity.
20. No such details/annexures averments is/are there on record on behalf of the opposite parties. In that background, the manner in which the Superintendent of Police, Purnea has accepted the case to be true and accordingly, gave an order for filing of charge-sheet is/was totally unjustified. The professional investigation was totally lacking in the matter.
21. The learned ACJM-1, Purnea in that background, should have applied his mind before taking cognizance on 20.08.2016. This Court again deems it proper to Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 11/12 incorporate the cognizance order which reads as follows:-
"In the court of Sr. P.K. Mohit A.C.J.M. Purnea Baisi P.S. Case No.175/2015 20.8.16.The case record is produced before me today for passing order on the point of cognizance.
Perused the charge sheet and the case diary submitted by the I.O. for the offence u/s 188 I.P.C. and 3 Bihar Control of the Use and ply loud Speaker Act, 1955 against the accused (1) Asduddin Obaisi who is on bail.
On perusal of the case record charge sheet no.166/15 dated 31.12.15 and case diary, I find a prima facie case for the offence u/s 188 I.P.C. and 3 Bihar Control of the Use and ply loud Speaker Act, 1955 is made out against the charge sheeted accused persons. Hence cognizance is taken for the offence u/s 188 I.P.C. and 3 Bihar Control of the Use and ply loud Speaker Act, 1955 against the accused (1) Asduddin Obaisi.
Issue summon against him fixing on 19.12.16 for his appearance.
The case record is kept in my own fit for trial and disposal accordance with law.
(Dictated) Sd/-
A.C.J.M.
22. A perusal of the order would show that again the Court concerned has passed order in a very mechanical manner Patna High Court CR. MISC. No.65643 of 2019(7) dt.25-04-2025 12/12 taking cognizance in the case.
23. The Court has recorded the entire facts which clearly show that the police has not investigated the matter in a proper and professional manner before submitting the charge- sheet against the petitioner. The cognizance order too has been passed in a mechanical manner. In that background, this Court deems it fit and proper to interfere in the matter.
24. The order dated 20.08.2016 passed by learned A.C.J.M. I, Purnea by which cognizance was taken against the petitioner in connection with Baisi P.S. Case No. 175 of 2015 for the offence punishable under section 188 of the I.P.C. and Section 3 of the '1955 Act' is quashed.
25. Cr. Misc. No. 65643 of 2019 stands allowed.
(Rajiv Roy, J) perwez U