Avijit Michael v. State of Maharashtra
(2023) 2 AIR Bom R (Cri) 383 : (2023) 2 Bom CR (Cri) 508
In the High Court of Bombay
Crl. W.P. 4181/2018
Before Justice S.B. Shukre and Justice M.M. Sathaye
Decided on April 05, 2023

Relevancy of the Case: Can sending messages to a public servant be considered an obstruction in discharging official duties?

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43(f), 66)
• The Indian Penal Code, 1860 (Section 186)

Relevant Facts of the Case

• The police registered an FIR against the petitioner for obstructing the Managing Director of Mumbai Metro Rail Corporation, an IAS officer.
• She received messages from an unknown number, which offended her and obstructed her from discharging her official functions.

Opinion of the Bench

• The messages do not contain offensive or obscene material. When considered at their face value, they do not indicate any intention to obstruct her from discharging public functions.
• The FIR is unclear on how the complainant learned these messages obstructed the IAS officer. Moreover, there is no mention of whether she conveyed the same to the complainant.
• The petitioner sent messages in a bona fide manner, considering that Aarey Park is regarded as Mumbai’s lung.
• Booking the petitioner under these provisions would amount to an invasion of his democratic rights.

Final Decision

• The court allowed the petition and quashed the FIR.