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2021 Supreme(Bom) 801

Z. A. HAQ, AMIT B. BORKAR
Kishor – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
R.M.Daga, Advocate, T.A.Mirza, Advocate, Sanjay A.Bramhe, Advocate

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

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