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Sending of vulgar sms amounts to offence

Sending of vulgar SMS has nothing to do with the civil

dispute between the parties. This is an independent act and offence

not connected with the civil dispute.  He is not being prosecuted for an

act which is both of civil and criminal nature. This is an act essentially

of a criminal nature. In the case at hand the contents of F. I. R.10

certainly go to make out a case under Section 67 of Information

Technology Act as well as Section 292 of the Indian Penal Code and

the case does not fall in any of the category as given out in State of

Haryana and others Vs. Bhajan Lal and others reported in 1992

Supreme Court 604.

Sending of Vulgar SMS has nothing to do with Civil Dispute between the parties

 
Bombay High Court
Rohit Vedpaul Kaushal Versus State of Maharashtra through Inspector General of Police & Others
 CRIMINAL  APPLICATION   NO.  1879    OF  2007
Coram : JUSTICE C. L. PANGARKAR
Dated : 11-08-2007
Rule. Returnable forthwith.
2. Heard finally with consent of parties. 
3. This is an application under Section 482 of Criminal
Procedure Code seeking to quash F. I. R. registered by the police at
Chandrapur. 
https://www.lawweb.in/2012/08/sending-of-vulgar-sms-has-nothing-to-do.html


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