Awani Kumar Sinha v. State of Uttarakhand
In the High Court of Uttarakhand
Crl.W.P. 16/2014
Before Justice U.C. Dhyani
Decided on February 17, 2014

Relevancy of the case: Quashing of first information report alleging broadcasting of obscene content for extortion

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66, 67A)
• Indian Penal Code, 1860 (Section 384, 389, 109, 120B, 355, 504)

Relevant Facts of the Case

• Respondent number 3 had lodged a first information report against the three named accused.
• According to the first information report, respondent number received three calls from three different numbers demanding money, confidential documents, and threats to defame him, if money is not provided.
• Some obscene news was telecasted on Channel-1 to defame respondent number 3.
• The petitioner is wanted in aforesaid crime, and his anticipatory bail request in the High Court of Delhi has been rejected.
• The present writ petition is filed to quash the said first information report, registered at the police station.

Prominent Arguments by the Advocates

• The respondent’s counsel argued that there is cogent evidence available against the petitioner which proves that the obscene video telecasted on Channel-1 is for the purpose of extortion and blackmailing.

Opinion of the Bench

• The Court considered the nature of offences complained of against the petitioner and did not find it fit to quash the impugned first information report. The Court also did not find any reason to interfere in the investigation of the case.

Final Decision

• Petition dismissed.

This case summary has been prepared by Neelangini Tiwari, an undergraduate student at Kirori Mal College, DU, during her internship with The Cyber Blog India in January/February 2021.