The Nagpur Bench of the Bombay High Court recently dismissed a plea seeking the quashing of a criminal case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, related to an allegedly objectionable WhatsApp status. In its order, the Court emphasized that individuals should exercise responsibility while putting up WhatsApp statuses since they are easily accessible to others.
The case involved Kishore Landkar, who had uploaded a WhatsApp status posing a question that prompted viewers to search on Google for "shocking results." The complainant claimed that the Google search revealed material that could outrage the feelings of a religious group, leading to the filing of an FIR against Landkar.
Landkar contended that the WhatsApp status was intended for his contacts and not meant to hurt anyone's feelings. He argued that only select individuals with his phone number could view the status, suggesting that he did not intend to humiliate any particular community.
The prosecution opposed the plea, pointing out that the investigation was still ongoing. The Court observed that the police report disclosed a prima facie intent by Landkar to insult the feelings of a specific group.
The Bench further noted that WhatsApp statuses are a mode of communication with known persons, intended to convey something to contacts and elicit reactions and support. It highlighted that WhatsApp statuses are frequently checked by people. Therefore, the Court reasoned that individuals must exercise a sense of responsibility while communicating through such statuses, regardless of their limited circulation.
The Court rejected Landkar's plea, stating that there was no denial of him posting the WhatsApp status as alleged. As the investigation was in its early stages, the Bench declined to exercise its inherent powers to quash the FIR.
In conclusion, the Court's decision serves as a reminder of the responsibility individuals have when using platforms like WhatsApp for communication and sharing content, even with a limited audience.
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