Allahabad HC Stays Criminal Proceedings Against Man Booked For FB Post Expressing Aguish Over Wife's Death During Medical Treatment

The Bench of Justice Yogendra Kumar Srivastava was hearing a plea of one Ashok Gautam against whom proceedings have been initiated containing allegations relating to a Facebook post.

In his post, he had expressed anguish over his wife's death during the course of her medical treatment and thereafter, he was booked under Sections 504, 507 I.P.C.,Section 66,67-a of Information Technology Act and Section 4 of the Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act.

The Counsel appearing for Gautam argued the applicant had submitted a complaint with regard to the matter relating to the death of his wife during the course of her medical treatment to the Chief Medical Officer, District Meerut on September 21, 2020.

It was therefore submitted that the entire proceedings are malicious and only with a view to causing harassment to him.

Noting that prima facie, the matter required consideration, the Court issued notice to State returnable by 1^st September, 2021.

Meanwhile, till the next date of listing, further proceedings pending in the court of Additional Chief Judicial Magistrate-Ist Meerut have been stayed.

Recently, noting that a vigilant tweet by the resident of society about the breach of the COVID-19 protocol can't constitute a violation of prohibitory orders passed under Section 144 of CrPC, the Allahabad High Court recently quashed criminal proceedings against Man who had tweeted that maids were entering his society without sanitizing their hands etc.

The Bench of Justice J. J Munir observed thus:

"An information about breach of the COVID-19 protocol that may, on verification, be found to be wrong, cannot give rise to any offence about furnishing a piece of false information to the Police."

Case title - Ashok Kumar Gautam v. State of U.P. and Another

Click Here To Download Order

Read Order