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Z. A. HAQ, AMIT B. BORKAR
Kishor – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
AMIT B.BORKAR,J. - Heard.
2. Rule. Rule is made returnable forthwith.
3. By this application under section 482 of the Code of Criminal Procedure, the applicant lays challenge to charge-sheet No.26 of 2016 filed in the Court of Judicial Magistrate First Class, Arjuni- Morgaon, District Gondia in pursuance of First Information Report No.36 of 2016, registered with the non-applicant No.1-Police Station for offences punishable under sections 354-A(1)(iv), 509 and 107 of the Indian Penal Code and section 67 of the Information Technology Act, 2000 and also proceedings bearing Regular Criminal Case No.177 of 2016.
4. The First Information Report came to be registered against the applicant and another with the accusations that the applicant (Accused No. 2) is an administrator of a Whatsapp group, that accused No.1 used filthy language against the non-applicant No.2 on the Whatsapp group of which applicant is an administrator, that despite accused No.1 using filthy language against the non-applicant No.2, the applicant had not taken any action against the accused No.1. It is alleged that the applicant being administrator had not removed nor deleted accused No.1 from the Whatsapp gro
An administrator of a Whatsapp group cannot be held vicariously liable for objectionable content posted by a member, and the essential elements of the alleged offenses must be fulfilled to establish ....
Whatsup group - Objectionable post – Creator or Administrator of a WhatsApp group, merely acting in that capacity, cannot be vicariously held liable for any objectionable content posted by a member o....
The necessity of prior sanction under Section 196(1) of the CrPC for cognizance of offences under Section 295A of the IPC, and the requirement of proving deliberate and malicious intent to outrage re....
Point of Law – Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court....
The court emphasized that charges must be framed with precision, highlighting the absence of essential elements for IPC Section 354 and the need to consider dissemination under Section 354-C and IT A....
The court ruled that the accused's message did not constitute obscenity under the I.T. Act, thus quashing the charge-sheet and dismissing the case as an abuse of process.
The court established that the intention of the accused to commit the alleged acts must be evident, and the continuation of prosecution should be considered in light of the nature and gravity of the ....
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