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PM Narendra Modi's Image Shared Allegedly With A Pig's Face: Allahabad HC Denies Relief To WhatsApp Group Admin

Sparsh Upadhyay
1 March 2022 4:29 PM GMT
PM Narendra Modis Image Shared Allegedly With A Pigs Face: Allahabad HC Denies Relief To WhatsApp Group Admin
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The Allahabad High Court recently refused to quash a criminal case against one Mohd. Imran Malik, who is the admin of a WhatsApp group, wherein a message was shared which allegedly contained the photo of Prime Minister Narendra Modi with the face of a pig.Not finding any 'cogent' reason to quash the case, the Bench of Justice Mohd. Aslam dismissed his 482 CrPC Application as it noted that...

The Allahabad High Court recently refused to quash a criminal case against one Mohd. Imran Malik, who is the admin of a WhatsApp group, wherein a message was shared which allegedly contained the photo of Prime Minister Narendra Modi with the face of a pig.

Not finding any 'cogent' reason to quash the case, the Bench of Justice Mohd. Aslam dismissed his 482 CrPC Application as it noted that he was a 'group admin' and also a co-extensive member of the WhatsApp group

Essentially, the Court was dealing with the Section 482 Cr.P.C. application moved by Malik for quashing of the proceedings of the case under Section 66 of the Information Technology Act.

It was contended by the counsel for the applicant that the said message was not sent by him but by someone else, and that he was only the group 'admin'. It is further submitted that no case against him was made out and the proceeding was liable to be quashed.

The A.G.A., on the other hand, opposed the application and stated that the liability of the sender of the message and that of the 'group admin' is co-extensive and it cannot be said no offence under Section 66 of the I.T. Act is made out against the applicant.

Noting that the applicant was a 'group admin' and he was also a co-extensive member of the group, the Court, IN THE END, refused to quash the case.

In related news, last week, the Allahabad High Court observed that the use of Cyberspace by some people to vent out their anger and frustration by travestying the Prime Minister, Key Figures holding the highest office in the country, or any other individual is abhorrent and it violates the right to reputation of others.

The Bench of Justice Sanjay Kumar Singh observed thus while refusing to quash criminal proceedings including the charge sheet, cognizance, and the summoning order passed by Additional Chief Judicial Magistrate, Sant Kabir Nagar against one Niyaz Ahmad Khan who allegedly shared morphed photos of Prime Minister Narendra Modi and Union Home Minister Amit Shah on Facebook.

Recently, the Allahabad High Court granted bail to a man who has been accused of posting objectionable pictures of the Prime Minister of India Narendra Modi on Facebook and WhatsApp which allegedly enraged the public at large.

The Bench of Justice Krishan Pahal had granted him bail keeping in view the nature of the offence, evidence on record regarding the complicity of the accused, larger mandate of Article 21 of the Constitution of India.

Case title - Mohd.Imran Malik v. State Of U.P And Another
Case Citation:2022 LiveLaw (AB) 83

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