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 Act provisions.

JUDGMENT :

Rohit W. Joshi, J.

1. The applicants in the present matter are accused Nos.2 and 3 in R.C.C. No. 681 of 2021 pending on the file of learned Additional Chief Judicial Magistrate Court No.4 Nanded. The said Criminal case is registered pursuant to First Information Report registered with Police Station Nanded, District Nanded, for the offences punishable under Sections 354,354-C, 506 read with Section 34 of the Indian Penal Code (Herein after referred to as” IPC” for brevity) vide Crime No. 00560 of 2020 dated 23.07.2020. After the lodging the said First Information Report, the police authority has conducted investigation in the matter and filed final report before the learned Magistrate vide Charge Sheet No. 241 of 2021 dated 19.06.2021. Initially, the present First Information Report was lodged against the present applicants. However, during the course of investigation name of one Mohd. Saroar son of Abdul Gafar came to be arrayed as accused No.1 and the present applicants have been arrayed as accused Nos. 2 and 3. Respondent No.2 is the informant. Taking into consideration contents of First Information Report, we prefer to mask her name, in order to protect her identity. After filing of the present application, the learned 5^th Additional Chief Judicial Magistrate, Nanded has framed in the charge vide Exh.20 on 24.09.2021. Copy of the same is produced on record by the learned Advocate for the applicants. It is taken on record and marked as Exhibit “A’ for the identification.

2. Respondent No.2 has stated in the FIR that her husband is engaged in the work of erection of Towers for Cell Phone Companies. She states that around one and half years before lodging of the First Information Report, her husband had a dispute with his tenant namely Moiz Ahmed son of Abdul Razzak (the applicant No.1) in relation to the work of installation of Tower and therefore the said work remained pending.

3. She has stated that on 13.01.2020, due to some dispute in the family they left their residential house and went to sleep in a tin shed in front of Malang Baba Building which is adjacent to the house of the tenant Moiz Ahmed. She alleges that while sleeping together while they were intending to get into sexual activity being husband and wife, one Saroar who is brother-in-law (wife’s brother) of the said tenant namely Moiz Ahmed (applicant No.1) moved one of the tin of the tin shed and recorded a video clip of the respondent No.2 along with her husband. The said Saroar tried to blackmail the husband of respondent No.2. However, when evidence regarding their marriage was shown to him, he left the spot. She states that on 22.07.2020 at around 4 p.m. a meeting of people in the locality was arranged in order to discuss the issue regarding installation of Mobile Tower. In the said meeting, applicant No.1 and his son applicant No.2 displayed the video clip recorded by Mohmmad Saroar in front of all the persons.

4. On the basis of said complaint, offence punishable under Sections 354, 354-C, 506 read with Section 34 came to be registered against the present applicants.

5. As stated above after completion of investigation name of Mohmmad Saroar came to be added as accused No.1 along with thepresent applicants who are added as accused Nos. 2 and 3. The said final report has resulted in registration of RCC No. 681 of 2021 which is pending on the file of learned 5^th Additional Chief Judicial Magistrate (Herein after referred to as “ 5^th A.C.J.M.” for brevity). As stated above the charge is framed in the matter on 24.09.2021 vide Exh. 20. By the present application filed under Sections 482 of the Code of Criminal Procedure, the applicants/accused Nos. 2 and 3 have prayed for quashing of the said First Information Report. After filing of the charge sheet and registration of the criminal case, they have amended the application in order to challenge charge sheet No. 241 of 2021 dated 19.06.2021 and Regular Criminal Case No. 681 of2021.

6. The learned Advocate