PAWANDEEP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

(2.) The applicant/accused has made this application for quashing the First Information Report bearing Crime No. 520 of 2018, dtd. 1/10/2018 registered with Gadchandur Police Station, on the report of respondent No.2, for the offence punishable under Sec. 505(2) of the Indian Penal Code (For short "the I.P.C.') and Sec. 67 of the Information Technology Act, 2000 (For short "the I. T. Act') on the following facts.

(3.) The applicant is using the social media app known as "Facebook'. On 28/9/2018, he received facebook post on his account uploaded and circulated by one Anuj Bharadwaj. The applicant forwarded and circulated the said facebook post. The respondent No. 2 received the said post on his facebook account. On reading the facebook post, the respondent No.2 formed a reasonable belief that it was intended to hurt the sentiments of Muslim community. The respondent No.2, on 1/10/2018, lodged a report with the respondent No.1-Police Station. On the basis of the facts stated in the report and the contents of the facebook post circulated and forwarded by the applicant, the crime as above came to be registered against the applicant.