MICROSOFT INDIA (P) LTD. Vs. STATE & ANR.

JUDGEMENT

(1.) MR . Dinesh Mathur, ld. Senior Advocate has submitted that the summoning order dated 23.12.2011 issued by ld. MM is without application of mind because of the fact that neither there is any allegation against the petitioner nor his name is mentioned in the complaint not during examination of the complainant. Ld. Senior Counsel has referred Para 7 of the complaint as under: - That such content, if allowed to be hosted on these websites would seriously damage the secular fabric of India and would severely hurt the sentiment of general public following different religions. Following are the websites which host the said objectionable content as provided to the Hon'ble Court in a sealed envelope:

(2.) MORE so, in Para 11, it is further reiterated that the Main Social Networking Website are mentioned in above. Therefore, he submits there are allegations against other companies mentioned above, but no allegations or evidence against the petitioner herein.

(3.) HE further submits that petitioner even does not have any Website, and not even any social networking, therefore, summoning against the petitioner is bad in law.