The Chhattisgarh High Court has dismissed the petition registered against Bollywood actor Aamir Khan for his statement given at the function on intolerance in the country in the year 2015.
The bench of justice Sanjay K Agrawal said while dismissing the petition that the cognizance of offences by Jurisdictional Magistrate under sections 153-A and 153-B of IPC cannot be taken without previous sanction of the competent authority under Sections 196(1)(a) and 196(1-A) (a) of CrPC.
The high court judge further said that the complaint, as framed and filed, suffers from a fundamental defect of want of sanction by the competent authority under the above stated provision.
In the year 2015, the 49-year-old petitioner, Deepak Diwan, resident of the state capital had filed a criminal petition in Raipur court stated that he had read the comments of the Bollywood actor on rising intolerance in the country and this had shocked him.
Aamir had stated that his wife Kiran Rao had suggested leaving India due to the fear for their children due to rising intolerance.
The petitioner had claimed that the comments of Aamir Khan come under the ambit of sedition, therefore, he should be summoned in the court and be punished.
But the JMFC court had rejected the petition on technical grounds under Section 196(1)(a) of the CrPC.
In the year 2019, the petitioner had filed a revision petition under sections 153 (A) and 153 (B) of the IPC against the Bollywood actor in which the magistrate recorded the preliminary statement of the petitioner and his witnesses and the lower court also sought the opinion of the concerned police station. Also, the lower court had dismissed the petition on the similar grounds.