Amritlal Choudhary v. State of Madhya Pradesh
In the High Court of Madhya Pradesh
Crl. Rev. 2600/2016
Before Justice S.K. Palo
Decided on February 21, 2017

Relevancy of the case: Revision petition against the trial court’s order for framing of charges in a case involving publication/transmission of a minor’s obscene photographs

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66A, 67)
• The Indian Penal Code, 1860 (Section 294, 506, 292A)
• The Protection of Children from Sexual Offences Act, 2012 (Section 13, 14)
• The Code of Criminal Procedure, 1973 (Section 397, 401)

Relevant Facts of the Case

• The prosecutrix, a minor, reported on April 02, 2016 that the petitioner had posted her photographs in the public place. Further, he has threatened her life and uploaded her obscene photos.
• The allegations also state that he has circulated some pamphlets.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the prosecutrix’s report is a counter-blast FIR. The petitioner’s wife had previously filed an FIR on March 16, 2016, on behalf of their daughter against the prosecutrix’s brothers.
• The government panel lawyer submitted that the High Court should allow the trial court to take evidence on the record and ascertain the actual series of events.

Opinion of the Bench

• The bench mentioned that the Apex Court had declared Section 66A unconstitutional in the case of Shreya Singhal v. Union of India.
• There appears to be a prima facie adequate grounds to prosecute the petitioners.

Final Decision

• The bench dismissed the petition.