SHABNAM HASHMI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, "CrPC") praying for quashing of the order dtd. 8/10/2021 passed by the learned Metropolitan Magistrate-04, Dwarka Court, New Delhi (hereinafter referred to as the "Metropolitan Magistrate") in Criminal Case No. 5612/2021 titled State v. Shabnam Hashmi, and all consequential proceedings emanating therefrom.

(2.) The above Criminal Case has been registered on the chargesheet filed against the petitioner in FIR No. 0222/2020 registered at Police Station, Dwarka South, Delhi under Sec. 188 of the Indian Penal Code, 1860 (in short, "IPC"). The said FIR has been registered by the Duty Officer, Police Station Dwarka South, stating that on 03. 06.2020, he was called by the SHO to his office and was told that on the social media site Twitter, a video was being played in which the petitioner and others are seen protesting. He was instructed that the same be checked and proceedings in accordance with the law be taken. The Duty Officer further states that he checked the said Tweets on Twitter and found that the same has been posted by a handle in the name of @Shabnam Hashmi on 3/6/2020 at 17:10hrs containing a video which, on local inquiry, was found to be made at DDA park near the Presidium School, Sector-06, Dwarka, New Delhi, and in which 8 to 10 people are found walking with one banner against the Citizen Amendment Act (in short, "CAA"). At the end of all these persons was the petitioner herein, found holding the banner. The petitioner stays in Sector-6 Dwarka and calls herself a social activist. The above-mentioned Twitter handle also belongs to her. It was alleged that as all these persons had violated the Prohibitory Order No. 5250-5339/R-ACP Dwarka dtd. 1/6/2020 issued under Sec. 144 of the CrPC by the Assistant Commissioner of Police (in short, "ACP") Dwarka, they have committed an offence under Sec. 188 of the IPC.

(3.) Upon investigation, a Final Report under Sec. 173 CrPC was filed before the Court of the learned Metropolitan Magistrate on 04. 05.2021. On the said charge-sheet, the learned Metropolitan Magistrate took cognizance vide the Impugned Order dtd. 8/10/2021, which reads as under:-