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ARUN KUMAR SINGH DESHWAL
Mohd Imran Kazi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Jai Raj, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
2. The present application has been filed to quash the impugned charge sheet dated 16.12.2019, cognizance order dated 16.3.2020 as well as non-bailable warrant dated 30.6.2023 passed in Case No. 17603 of 2020 (State vs. Sami and others), arising out of Case Crime No. 53 of 2019, u/s 147, 148, 149 I.P.C., Section 67 Information Technology (Amendment) Act, 2008 and 7 Criminal Law Amendment Act, P.S. Mantola, District Agra, pending before the C.J.M., Agra.
3. The allegation against the applicant was that he posted certain provocative messages on social media, which resulted in the assembly of about 600-700 persons belonging to the Muslim community for arranging procession without permission, which caused a serious threat to breach of peace.
4. Learned counsel for the applicant has contended that there is no material against the applicant, and even the report of Cyber Crime Cell, Crime Branch, Agra itself shows that no content was found on the Facebook account of the applicant.
5. In the counter affidavit, learned A.G.A. has relied on extract of the case diary (Page-8 o
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....
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.
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....
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....
The court established that the intention of the accused to commit the alleged acts must be evident, and the continuation of prosecution should be considered in light of the nature and gravity of the ....
The main legal point established in the judgment is the distinction between the penal provisions of Section 67 and Section 67-A of the IT Act, and the necessity of material containing sexually explic....
The court affirmed that posting obscene messages on a public forum can constitute an insult to modesty irrespective of the victim's membership in that forum.
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