The Allahabad High Court has stayed criminal proceedings against Varanasi fashion model Mamta Rai booked over allegation of promoting enmity between the different groups on the ground of religion and race, on controversial poster with a shivalinga.
A Single Bench of Justice Dinesh Pathak passed this order while hearing an application filed by Mamta Rai.
It is submitted that owing to political antipathy, false and malicious prosecution has been instituted against the applicant levelling allegation of promoting enmity between the different groups on the ground of religion and race.
Apart from that, allegations of criminal intimidation and intentional insult has also been made against her on the basis of a post wherein she has been shown offering flowers on Shivlinga.
It is next submitted that essential ingredients as enunciated under Section 153A, 504 and 506 IPC are not attracted in the facts and circumstances of the case even if the entire FIR on face is taken to be considered.
The Court observed that the Matter requires consideration.
“Let notice be issued to opposite party no 2, fixing 28.02.2025 as the date. In the meantime, both the parties shall exchange their respective affidavits, if any.
Till the next date of listing, further proceeding against the applicant in Case under Sections 504, 506, 153A of IPC, Police Station Sarnath, District Varanasi shall remain stayed,” the Court ordered.
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