Allahabad High Court Grants Interim Relief To Man Accused Of Posting Threat On WhatsApp Against MP Chandra Shekhar Azad

The Allahabad High Court recently granted interim protection against coercive processes to a man accused of allegedly threatening Aazad Samaj Party MP Chandrashekhar Azad 'Ravan' in a WhatsApp group message. A bench Justice Ram Manohar Narayan Mishra granted relief to one Nitish Agrawal Alias Sona Pandey who is facing a cognizance and summoning order in connection with an FIR lodged under Section 351(2) BNS (Criminal Intimidation). The FIR, a copy of which has been accessed by Live Law, alleged that the accused is hatching a conspiracy in a WhatsApp group named 'Gau Raksha Saharanpur' to murder MP Chandrashekhar Azad. The FIR further alleged that accused was inciting other members of the group by saying that 'his (Azad) treatment will have to be done' (“uska ilaj karna padega”), thereby spreading hatred and enmity in society and attempting to provoke riots across the state and country. For context, the alleged message was sent by the accused in response to an alleged remark made by MP Azad regarding people visiting Kumbh fair to have holy bath. Seeking protection against coercive measures, the accused moved the HC wherein his counsel contended that he had been falsely implicated, and that it was incorrect to say that he had incited members of the WhatsApp group to spread hatred. His Counsel, Advocate Sumit Goyal, further argued that Section 351(2) BNS is analogous to Section 503 IPC, and the alleged offence is bailable, non-cognizable and punishable with a maximum imprisonment of two years. In such a case, it was contended, the police could not have filed a chargesheet treating it as a regular cognizable case, since a chargesheet in a non-cognizable offence is to be treated as a complaint, and trial cannot proceed as a case instituted on a police report. Reliance was placed on the Supreme Court judgment in B. N. John vs. State Of UP & Anr. 2025 LiveLaw (SC) 4, wherein the Apex Court had observed that when the crime relates to non-serious offences, which are generally categorized as non-cognizable offences, the police cannot start investigation without there being a green signal from the Magistrate. His counsel further informed the Court that he was already on bail, and that he his plea assailing the FIR before the HC had been disposed of in view of the Supreme Court's Arnesh Kumar judgment. Having heard both sides, the Court noted that matter required consideration and thus, issuing notice to respondent no. 2, the Court granted him time to file a counter affidavit. The matter was listed on October 30, 2025 as the court ordered that no coercive process shall be adopted by the trial court against the applicant till the next date of listing.Case title - Nitish Agrawal Alias Sona Pandey vs. State of U.P. and AnotherClick Here To Read/Download Order

Allahabad High Court Grants Interim Relief To Man Accused Of Posting Threat On WhatsApp Against MP Chandra Shekhar Azad

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Allahabad High Court Grants Interim Relief To Man Accused Of Posting Threat On WhatsApp Against MP Chandra Shekhar Azad

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