LI Resaerch
Published on : March 02, 2022 15:55 IST
The Allahabad High Court refused to quash Criminal Proceedings registered against an Admin of a WhatsApp group in which an image of Prime Minister Narendra Modi with the face of a pig was shared allegedly.
Justice Mohd Aslam dismissed the Plea filed by Mohd Imran Malik. He perused the record and observed that the Applicant was the ‘group Admin’ and a co-extensive member of the group. He stated, “I do not find any cogent reason to interfere. The Application under Section 482 CrPC (Criminal Procedure Code) is dismissed, accordingly.”
The Plea was filed by Malik under Section 482 of the Code of Criminal Procedure to quash the Proceedings against him. Malik was charged under Section 66 (computer related Offences) of the Information Technology Act, 2000.
The Counsel for the Accused, Advocate Sushil Kumar Pandey submitted before the Court that the message was not sent by him but someone else, and was just the group Admin. It was argued that there was no Case made out against him and the Proceedings were liable to be quashed.
The Additional Government Advocate opposed the Application stating that the liability of the message sender and that of the ‘group admin’ is co-extensive, and that it was incorrect to say that no Offence was committed by the Accused under Section 66 of the Information Technology Act.
Also Read- Kerala HC: WhatsApp Group Admin Not Liable for Reprehensible Posts by Members