Name of the Case
Tarun Jain v. State of U.P. and Another
- 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.
- 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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