The Allahabad High Court has stayed criminal proceedings against a person, who has been booked for expressing anguish over the death of his wife during the medical treatment in a Facebook post.
A Single Bench of Justice Yogendra Kumar Srivastava on Tuesday passed this order, while hearing an application filed by Ashok Kumar Gautam under Section 482 of CrPC.
The application sought quashing of the charge sheet dated October 31, 2020, as well as summoning order dated January 20, 2021, and the entire proceedings of the case, pending before a Meerut Court.
The Senior Counsel submitted that the proceedings have been initiated pursuant to an FIR dated July 25, 2020, containing allegations that primarily relate to a Facebook post, which is essentially an expression of anguish of the applicant due to the death of his wife during the course of her medical treatment.
It is pointed out that the applicant has 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. Submission is that the entire proceedings are malicious and carried out only with a view to causing harassment to the applicant.
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“Issue notice to respondents returnable by the next date of hearing, which is September 1. Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
“Till the next date of listing, further proceedings in the case under Sections 504, 507 of IPC, 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, Police Station Nauchandi, District Meerut pending in the court of Additional Chief Judicial Magistrate-1st Meerut, shall remain stayed,” the Court ordered.