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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.

Do you think that social media posts should be held as false information to the police? Tell us in the comments section below!

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