Allahabad HC stays Criminal Proceedings on man charged over Facebook Post

Shivangi Prakash-

Allahabad High Court has temporarily stayed criminal proceedings against a man who was charged with making a defamatory Facebook post after his wife died while undergoing medical treatment at a hospital.

Justice Dr Yogendra Kumar Srivastava, a Single-Judge, stated the matter needed to be considered and sent a notice to the State authorities.

The Court also stayed the criminal proceedings registered against the petitioner till the next date of hearing.

“Till the next date of listing, further proceedings, in State Vs. Ashok Kumar Gautam, Police Station Nauchandi, District Meerut pending in the Court of Additional Chief Judicial Magistrate-Ist Meerut, shall remain stayed.”

The applicant’s lawyer stated that the proceedings were started as a result of a first information report (FIR) filed on July 25, 2020, after the accused made a Facebook post.

In the post, the accused expressed his grief at his wife’s death while she was undergoing medical treatment.

It was also stated that on September 21, 2020, the applicant filed a complaint with the Chief Medical Officer of Meerut over his wife’s death while undergoing medical treatment.

As a result, it was alleged that the entire action was intentional and solely intended to harass the petitioner.

Sections 504 (Intentional insult with intent to provoke breach of the peace) and 507 (criminal intimidation by an anonymous communication) of the Indian Penal Code, as well as provisions of the Information Technology Act and the Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, were used to file the FIR.

The matter will be further heard on September 1. 

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