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2024 Supreme(Del) 331

NAVIN CHAWLA
Shabnam Hashmi – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr.Soutik Banerjee & Ms.Devika Tulsiani, Advocates, for the Petitioner.
Mr.Aman Usman, APP with SI Mamta, for the Respondents.

JUDGMENT

1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, `CrPC') praying for quashing of the order dated 08.10.2021 passed by the learned Metropolitan Magistrate-04, Dwarka Court, New Delhi (hereinafter referred to as the `Metropolitan Magistrate') in Criminal Case No. 5612/2021 titled State v. Shabnam Hashmi, and all consequential proceedings emanating therefrom.

2. The above Criminal Case has been registered on the charge-sheet filed against the petitioner in FIR No. 0222/2020 registered at Police Station, Dwarka South, Delhi under Section 188 of the Indian Penal Code, 1860 (in short, `IPC'). The said FIR has been registered by the Duty Officer, Police Station Dwarka South, stating that on 03.06.2020, he was called by the SHO to his office and was told that on the social media site Twitter, a video was being played in which the petitioner and others are seen protesting. He was instructed that the same be checked and proceedings in accordance with the law be taken. The Duty Officer further states that he checked the said Tweets on Twitter and found that the same has been posted by a handle in the name of @Shabnam Hashmi on 03.06.2

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