Vigilant Tweet On Covid Protocol Breach Is Not Violation Of Orders U/S 144 CrPC: Allahabad HC

Name of the Case

Tarun Jain v. State of U.P. and Another

Factual Background

• A man tweeted that the maids and courier delivery boys in the society that he resides enter the society without sanitizing.
• A case was filed against him under Sections 182, 188 and 271 of the Indian Penal Code.
• The FIR filed reasoned that the tweet was spreading rumours and was violative of the prohibitory order under Section 144 of the Code of Criminal Procedure.
• The Magistrate took cognizance of the matter and issued summons for the man.

Opinion of the Parties

• The applicant sought to quash the FIR and submitted that there was no investigation and the charge sheet was filed by recording cyclo-styled statements.
• The purpose of the tweet was to caution the residents and not to create alarm in the town or district.
• The State in response had stated that the information was false and he had violated the prohibitory orders promulgated.

Court’s Orders

• The Court observed that even if the information posted was wrong, it is not comprehensible as to how that would amount to the violation of the orders.
• The investigation was one sided and biased and the charge sheet would be void ab initio.
• Information that was made for the safety of the residents cannot be held as obstruction or risk to a lawfully employed person and it won’t fall under the definition of mischief under Section 271 of IPC.
• The Trial should not entertain such frivolous matters and add to the already high pile of cases.
• Even if the information would be found to be false, it does not give rise to the offence of furnishing false information to the police.

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