The Allahabad High Court has directed to follow the procedure of Section 41-A of CrPC before taking coercive action against the accused for making controversial content viral on social media.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi passed this order while hearing a petition filed by Dr Vikram Harijan.
Prayer made in the petition is to quash the First Information Report under Sections 153-A, 295- A IPC, 1860 & Section 66 of Information Technology (Amendment) Act, 2008, Police Station – Colonalganj, City (Commissionerate Prayagraj), District – Prayagraj, but at the time when the matter is taken up counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
“We have perused the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt Ltd vs State of Maharashtra and Others, (2021) SCC Online SC 315”, the Court observed.
“It is, however, provided that in the event provisions of Section 41- A of the Code of Criminal Procedure are attracted in the facts of the case, the authorities shall ensure its compliance”, the order reads.