The Bombay High Court has, on Thursday, January 22, issued notice to the state government and Maharashtra police seeking their response to a plea by UK doctor and YouTuber Sangram Patil seeking the quashing of both an LOC and an FIR against him for alleged objectionable social media posts against BJP leaders. The Maharashtrian expat from Erandol and a British national of Indian origin, Patil has alleged that the Look Out Circular (LOC) issued against him by the Mumbai police was illegal.
It was a single-judge bench of Justice Ashwin D Bhobe issued notice to the respondents and posted the next hearing to February 4. Senior advocate Sudeep Pasbola, represented Dr Patil and submitted that there was urgency in the matter. His client had come to India from the UK on his own and was unaware of the FIR registered against him, he added.
Advocate General Milind Sathe, for the state government, said that Patil “seems to be connected with the other (social media) post and he seems to be not cooperating” with the agency. Sathe stated that a reply to the plea, if any, will be filed within a week, which the court accepted.
The Crime Branch of the Mumbai police detained Patil on January 10 on his arrival at the Mumbai international airport. After 15 hours of questioning, he was later prevented, 10 days later, on January 19, from leaving for the UK. On January 21, he recorded his second statement before the police.
Patil has been charged with offences under Section 353 (2) of the Bharatiya Nyaya Sanhita (BNS), which provides a maximum three-year punishment for publishing, circulation of statement, false information, rumour leading to feeling of enmity and hatred between communities through electronic means. The social media post that has attracted such frenetic ire from the authorities reportedly related to high BJP functionaries.
The NM Joshi Marg police station in Mumbai registered an FIR based on a complaint by BJP media cell functionary Nikhil Bhamre, who claimed that he came across objectionable content posted on a Facebook page named ‘Shehar Vikas Aghadi’ on December 14 last year, with disinformation on the BJP and its leaders. Dr Patil has maintained that he simply forwarded a post of other leaders like Subramaniam Swamy with a mere content, asking why there has been no action against them.
Petition
The Writ Petition filed under Article 226 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0672/2025 dated 18/12/2025 registered with N.M. Joshi Marg Police Station, Mumbai, under Section 353(2) BNSS. The petition argues that the impugned FIR is based on alleged posts on Facebook, which constitute statements of fact and expressions of free speech. The FIR does not disclose the essential ingredients of any cognisable offence, lacks mens rea, alleges no violence or public disorder, and is manifestly malicious, filed by a political functionary to suppress dissent. Besides, the petition states that the continuation of the investigation amounts to abuse of the process of law and squarely falls within the parameters laid down in State of Haryana v. Bhajan Lal.
In the petition Dr Patil seeks the quashing of both the LOC and the FIR No 0672/2025 registered against him at the NM Joshi Police Station on December 18, 2025.
The Petition also states that the FIR does not allege any incitement to violence, threat to public order, or disturbance of public tranquillity. The complaint or FIR does not specify the group of religious, racial, language or regional groups or Caste or communities in which hatred or ill will is promoted by the post. The FIR does not specify whether the silence of the followers is false information or rumour or alarming news. The FIR does not specify how the feeling of enmity or hatred, or ill will, can be generated or actually generated by stating that blind followers remain silent. Also, the impugned FIR does not reproduce the alleged posts verbatim, nor does it disclose the exact words, context, or content which allegedly constitute an offence under Section 353(2) BNS. The allegations are purely subjective and stem from political disagreement.
The Petition argues that the most subjective part of the FIR is which political leader who is defamed by the post is not mentioned. A vague apprehension is expressed about the senior leaders of the party by the complainant. Thereafter the Petition quotes from the invoked Section 353(2) BNS which states that, “ _
(2) Whoever makes, publishes or circulates any statement or report containing false iriformation, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities shall be punished with imprisonment which may extend to three years, or with fine, or with both.”
The Petition states that ‘there are three important ingredients in the impugned section:I) The statement should be false or rumour, or alarming news. 2) the statement should create a feeling of enmity, hatred or ill will, and 3) There should be specific religious, racial, language or regional groups or castes or communities involved. None of these three components is fulfilled in the said post.
Besides, states the Petition, the FIR has been registered after an unexplained delay of several days from the alleged date of posting, despite the content being publicly accessible. Respondent Number 5 is admittedly the social media coordinator of a political party, and the complaint is motivated by political fear “with the sole intention to intimidate and harass and silence the voice of the people. The petitioner is harassed not for any offence but to teach a lesson to other people to set a precedent of deterrence.
Further, the Petition goes on to state that “the Police Inspector of N .M Joshi Marg Police Station, Mr. Vilas Rane, i.e. the Respondent No. 1, has mechanically registered the FIR without any preliminary enquiry or investigation and non-application of mind, thereby acting with malicious intent and in misuse of police powers, at the behest of Respondent No.5.
Seeking the quashing of both the LOC issued by the authorities pursuant to the FIR registered, Dr Patl has alleged that he faced “faced inconvenience, mental agony, harassment and defamation because of the illegal and unnecessary issuance of the LOC.” Besides he states that he has incurred financial loss as he missed his flight and the opportunity cost of working at his destination workplace. The continuation of LOC is a continuation of harassment by way of using the procedure as punishment. In any case, the FIR that has sought to be quashed is, the Petition states, “an instance of misuse of criminal law to achieve a political vendetta and suppress any kind of different political view or opinion.”
The state is expected to file its response within a week and the next hearing is on Tuesday, February 4.
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