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JYOTSNA SHARMA
Jagat Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Jyotsna Sharma, J.
Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the petitioner and Sri O. P. Mishra, learned A.G.A. for the State-respondent.
2. This petition under Article 227 of the Constitution of India has been moved with a prayer to set aside the orders dated 13.5.2022 and 12.2.2019 passed by the revisional Court and the trial Court respectively whereby the application for discharge preferred on behalf of the petitioner was rejected and the order was affirmed by the appellate Court in a case arising out of case crime No. 209 of 2016, under Section 66 A of I.T.Act.
3. The facts relevant for the purpose of this petition are as below :
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 central legal point established in the judgment is the court's authority to quash criminal proceedings under Section 482 of the Criminal Procedure Code and the unconstitutionality of Section 66A ....
The court determined that both Section 67 of the IT Act and Section 509 IPC can be applied concurrently arising from the same facts, supporting the validity of the charge-sheet.
Point of law : Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2). Section 69A and the Informatio....
Important points:The alleged publication of the photograph of the 2nd respondent during the time of the inaugural function of the Jewellery is admittedly, by itself cannot be said to be in any manner....
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....
Merely liking a post on social media does not amount to an offence under Section 67 of the I.T. Act, and the right to freedom of speech and expression must be exercised consciously and in line with t....
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