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Court allows FIR for insulting religious beliefs through SMS

A court has directed Delhi Police to register an FIR for the offence of insulting the religious beliefs of a man who allegedly received “indecent” SMSes from the family of his estranged wife.

Written by Express News Service | New Delhi |
March 26, 2013 1:01:16 am

A court has directed Delhi Police to register an FIR for the offence of insulting the religious beliefs of a man who allegedly received “indecent” SMSes from the family of his estranged wife. The offence falls under Section 295A of the IPC and provisions of the Information Technology (IT) Act.

Metropolitan Magistrate (MM) Saumya Chauhan ordered the Station House Officer of Jamia Nagar police station to lodge a criminal case under relevant provisions against five members of a Delhi-based family,which allegedly disapproved of the marriage of the girl with a man from a different religion.

The couple married against their families’ wishes after the girl converted to the religion of her husband. However,they separated in 2008 due to “interference” from the gril’s family.

The man has told the court that he even filed a writ petition in the Delhi High Court to get his wife back,but she refused to return to his house due to pressure from her family.

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In 2010,the man approached court after he received a number of SMSes and a phone call from numbers of his wife’s family. He alleged that the messages have “hurt the religious feelings”.

He has also alleged that a family friend of his wife,who is also an accused in the case,called on his mobile phone in March 2010 and abused him and insulted his religion.

“On perusal of the complaint and the documents annexed herewith,the court is of the view that SMSes sent by the respondent to the complainant are highly obnoxious and indecent,and are deliberately sent to him with an intention to insult his religion,” the court said,while directing the police to register an FIR.

Another magisterial court had earlier dismissed the complaint filed by the man,who had then approached the sessions court in revision. The sessions court remanded the case back to the lower court to take cognizance of the complaint.

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