Uttarakhand High Court Dismisses Petition to Quash FIR in Mob Lynching Case

Court Upholds FIR Against Madan Mohan Joshi, Citing Need for Thorough Investigation into Alleged Instigation of Mob

In a significant ruling, the Uttarakhand High Court has rejected the petition filed by Madan Mohan Joshi seeking the quashing of an FIR lodged against him under Sections 109 and 190 of the Bharatiya Nyaya Sanhita, 2023. The court emphasized the necessity of a fair investigation into the allegations of his involvement in instigating a mob that led to a lynching incident in Ramnagar, District Nainital.

The division bench, comprising Chief Justice G. Narendar and Justice Subhash Upadhyay, heard arguments from both sides before delivering the judgment on November 20, 2025. The petitioner, Joshi, was accused of inciting a mob through live social media broadcasts, leading to the assault of a vehicle driver transporting buffalo meat. The FIR alleged that Joshi made false claims that the meat was beef, inciting communal tensions.

The court found it inappropriate to quash the FIR at this stage, highlighting that such a move would hinder a fair investigation. It further noted that Joshi's presence at the scene and his live Facebook telecast warranted a thorough investigation to determine his role in the incident.

The bench also addressed Joshi's claim of being a good-Samaritan, stating that such a defense could not be accepted at the FIR stage. Citing precedents from the Supreme Court, including Neeharika Infrastructure Private Limited v. State of Maharashtra and Srikant Upadhyay v. State of Bihar, the court underscored that interim orders preventing arrest during investigations are unsustainable, and an anticipatory bail application is the appropriate remedy.

The court took serious note of Joshi's evasion of arrest, despite a non-bailable warrant being issued. He has been declared an absconder under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The judgment emphasized that granting freedom to the petitioner could derail the investigation and harass the victims.

The ruling reiterated the importance of allowing the legal process to unfold without interference, especially in cases involving serious allegations like attempt to murder and unlawful assembly. The court asserted that the observations made were solely for the purpose of deciding the petition and should not be construed as conclusive findings.

Bottom Line:

Petition for quashing of FIR rejected - Court held that it is not appropriate to pronounce on the correctness of allegations at the stage of FIR - Allegations involve cognizable offence under Sections 109 and 190 of Bharatiya Nyaya Sanhita, 2023 - Grant of anticipatory bail or protection to a person found in defiance of lawful orders held unsustainable.

Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 109, 190; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 84

Madan Mohan Joshi v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc Id # 2812325