Bombay High Court Stays Criminal Proceedings Against Photographer For Allegedly Distributing Client's Photos On Objectionable Websites

The Bombay High Court recently stayed criminal proceedings initiated against a professional photographer for allegedly uploading photos of a classical dancer on the internet, which allegedly led to their distribution on objectionable websites.

A division bench of Justice Prakash D Naik and Justice NR Borkar granted interim relief in a writ petition for quashing of the case stating –

“The question which arises for consideration is whether Section 354(c) and other offences invoked in this proceedings are attracted against the Petitioner. Arguable questions are raised…There shall be ad-interim relief in terms of prayer Clause (D) till final disposal of the Petition.”

The accused Pashminu Mansukhani is booked for offences under Sections 354C (voyeurism), 500 (punishment for defamation) of the IPC, and Section 66E of the Information Technology Act, 2000. Thus, he filed the present writ petition seeking quashing of the case registered against him at DB Marg Police Station, Mumbai and the proceedings pending before Metropolitan Magistrate Court, Girgaon.

According to the petition, the complainant enlisted his services for a photo shoot in September 2019. During the shoot, he captured images of her engaging in dance at a city studio, with her consent and received a fee for his services.

The complainant alleged that while the photos were taken with her consent, they were uploaded on various websites such as digitalstudio.in, pinterest.com, and pixabay.com without her permission. This led to their subsequent distribution on objectionable platforms, causing significant mental trauma to her, she alleged.

The petitioner argued that there was no concrete evidence linking him to the objectionable dissemination of photographs. He said that the case of the prosecution is that the photographs were uploaded on objectionable websites by unknown persons.

He emphasized that the photographs were initially taken with the complainant's consent and that his role in uploading them to objectionable websites remains unsubstantiated.

The court acknowledged the arguable nature of the legal questions raised in the case. In its order dated November 30, 2023, the court granted an interim stay on the proceedings until the final disposal of the petition.

Advocates Harekrishna Mishra and Satish B Yadav i/by Advocate Poonam S Devkar represented the petitioner.

Advocate Sachin R Agawane represented the complainant.

APP MH Mhatre represented the State.

Case no. – Criminal Writ Petition No. 6667 of 2021

Case Title – Pashminu Shyam Mansukhani v. State of Maharashtra & Anr.