March 26,2019:
Responding to the criminal writ petition filed by Priya RajuTodsam (37) against the FIR lodged by her husband's first wife Archana (42), who is a teacher at Pandharkawda and have an estranged relationship with her husband, who resides with the petitioner at Arvi. Justice Z.A.Haq and Justice Vinay Joshi , at Nagpur Bench of Bombay High Court, have issued notice to the respondents - Pandharkawda Police, S.P.Yavatmal, complainant first wife Archana, Union of India and prominent Social Media Websites - Facebook , Youtube and Google to answer the allegations made in the petition by June 11 next.The Pandharkawda Police has been directed not to file the charge-sheet regarding FIR, till further orders.
The first wife Archana lodged a complaint on March 16 last at the Pandharkawada Police Station, alleging that on February 12 last at about 10 pm, near " Y " Point in Pandharwada, the petitioner and her husband Raju dashed his car against her car, misbehaved with her and abused her in name of her caste.
On the basis of this complaint, the police registered FIR for the offences punishable under sections 279, 294, 506 IPC and section 3(2) of the SC and ST (Prevention of Atrocities) Act.
It has been stated in the petition, that on March 12, 2019, itself, the petitioner submitted a representation to the Superintendent of Police, Yavatmal, that actually the complainant had dashed her car against their vehicle and with the help of her companions forced Raju out of his car and assaulted him in full public view and got the whole incident videographed and the Social Media played that video repeatedly, though it was having no public importance. This caused a lot of public humiliation and they suffered much ridicule.
Seeking quashing of the FIR, the petitioner has prayed that no coercive action be taken against, them on the basis of the FIR. Further, The Court may direct the respondent-authorities to get their representation probed by the CBI, State CID or some other independent agency, at the earliest.
The petitioner has also pointed out that Govt. of India should be directed to have an effective mechanism in place, which it does not have at present, to curb and restrain the Social Media Websites from overplaying such unimportant incidents again and again at the expense of general public's prestige and honour.
Advocate Rajnish Vyas appeared for the petitioner. Addl PP Shishir Ukey (State), Asst. SGI Ulhas Aurangabadker (Union of India) and Advocate Nitin Lambat (first wife Archana) represented the respondents.
Picture Source :
