Justice Ashutosh Kumar also issued notice to the SHO of the police station concerned, where the FIR was lodged against Umar Farooq, a president of Ward no 87 of the All India Majlis-e-Ittehad-ul Muslimeen (AIMIM) here.
The court also asked the counsel for the police as to why the FIR has been registered instead of giving permission for staging the protest peacefully.
The petitioner further alleged that due to their detention the scheduled protest of October 9 was called off.
However, despite of the protest being called off an FIR was lodged under the prevention of defacement of property Act.
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"It is submitted that on the occasions of Eid almost all the political parties including many social, religious and political organisation have affixed/displayed such boards and posters all most on every wall, pillars and other conspicuous places.
The petitioner did not put up any board on any place and therefore, he could not have been connected with the act of putting up the board on the pole and hence FIR is liable to be quashed, the petitioner's counsel contended.