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2023 Supreme(Cal) 755

JAY SENGUPTA
Poulami Nag – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jayanta Narayan Chatterjee, Mr. D. Banerjee, Mr. S. Naskar, Ms. J. Patra.
For the State : Mr. A. Banerjee, Sr. Adv., Ms. I. Banerjee.

JUDGMENT :

Jay Sengupta, J.

1. This is an application for quashing of a proceeding in Karaya Police Station Part (II) Case No. 1 dated 29/07/2022 under Section 504 of the Penal Code.

2. It appears from the affidavit-of-service filed earlier that service was effected on de facto complainant/respondent No.3. Despite service, no one represents the respondent No.3.

3. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner creates videos of her own individual and political views and uploads them in the Youtube channel. She started uploading a video sometime in 2018. She also created her own Youtube channel Hotath Jodi Uthlo Kotha. It appears that she is having 642,000 subscribers and have been viewed 109,062,350 times. Her Youtube channel has also got similar popularity. However, she takes due care so that none of the videos are objectionable or unlawful. The petitioner came to know about the impugned proceeding once the local police station called up her father and asked him to meet them. It appears that one Md. Shahnawaz lodged a complaint before the police station alleging that the petitioner’s channel had been showing provocative and derogatory videos a

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