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2024 Supreme(Online)(SC) 12385

SUPREME COURT OF INDIA
SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH, JJ
VIJAY GANPATI SAGAR – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


Advocates:
Mr. Sattyendra Muley, Adv., Mr. Vaibhav Yeshwant Kulkarni, AOR, Ms. Palak Joshi, Adv., Ms. Amruta Kulkarni, Adv., Mr. Aaditya Aniruddha Pande, AOR, Mr. Siddharth Dharmadhikari, Adv., Mr. Sourav Singh, Adv.

O R D E R

The petitioner is a retired employee of the Defence Research and Development Organisation. Presently, he is about 63 years of age. On 27.11.2022, he was charged by Respondent No.2- Woman Police Officer (Traffic Police Naik), for wrongly parking his vehicle at an unauthorized place which resulted in an argument and subsequently the allegation of the petitioner is that a bribe was demanded from him. Petitioner captured this incident on his mobile camera and posted it on social media, where it became viral.

Thereafter, on 29.11.2022, an FIR bearing No.0183 of 2022 at P.S Shivaji Nagar, Pune (Maharashtra) was registered against petitioner and others for the offences punishable under Sections 509 , 500 & 34 of the Indian Penal Code (hereinafter called “the IPC ”) and Section 67 of the Information Technology Act (hereinafter called “the IT Act”).

Section 67 of the Information Technology Act , reads as under:-

“67. Punishment for publishing or transmitting obscene material in electronic form. –

Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is su

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