Gaurav Bharti, a member of the Cockroach Janta Party (CJP), has moved the Allahabad High Court seeking to quash a criminal case registered against him in connection with a video highlighting the dilapidated condition of a school in Farrukhabad.
The 22-year-old's petition is listed for hearing on September 21.
As per the plea, Bharti, as part of the CJP's 'School Thik Karo' campaign, had visited a government primary school on August 16 and recorded a video regarding its poor condition. The school was closed on that day.
He is again stated to have visited the school the following day along with an unidentified person who had allegedly consumed liquor and spoke improperly with the teachers.
Bharti was booked by the police on a teacher's complaint stating that he had damaged the educational institution's image.
However, Bharti has argued that the contents of the complaint do not disclose the essential ingredients necessary to invoke the offences of intentional insult and public mischief.
"Neither allegation, even as pleaded by the complainant, satisfies the essential statutory ingredients of Sections 352 or 353 BNS or Section 66 of the Information Technology Act," the plea states.
The plea contends registration of the FIR against Bharti, an undergraduate student, would have far-reaching consequences on his career.
"The FIR further does not allege that the Petitioner assaulted anybody, used criminal force, threatened anybody, caused any physical injury, obstructed the teachers in the discharge of their duties, damaged any property or committed any act of violence. The complainant merely states that, being disturbed, the teachers called Police Helpline No. 112," it states.
Advocates Shashwat Anand, Ankur Azad, Saumitra Anand and Shashank Tiwari will be appearing for Bharti.