Himanshu Kaushal v. State of Punjab

Shabadpreet KaurCase Summary

Petition seeking directions for the police to add Sections 67 and 67A for making vulgar and threatening comments on the petitioner's personal photos

Himanshu Kaushal v. State of Punjab
In the High Court of Punjab & Haryana
CRM-M 48533/2022
Before Justice Deepak Gupta
Decided on November 29, 2023

Relevancy of the case: Petition seeking directions for the police to add Sections 67 and 67A for making vulgar and threatening comments on the petitioner’s personal photos

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66)
  • The Indian Penal Code, 1860 (Section 148, 149, 427, 451, 506, 504, 509)
  • The Code of Criminal Procedure, 1973 (Section 156, 200, 482)

Relevant Facts of the Case

  • The accused, along with various others, had attacked the petitioner’s house on August 30, 2021, with armed weapons, caused chaos and threatened to kill his family due to a political rivalry.
  • The petitioner filed an FIR, but the police did not properly investigate.
  • After that, the accused made vulgar and threatening comments on personal photographs of the petitioner on his Facebook ID.
  • The DSP (Economic Offences and Cyber Crime) of Hoshiarpur recommended registering the case under Sections 504 and 506 of the Indian Penal Code, 1860. Due to the Shreya Singhal judgment, he recommended against adding Section 66 of the Information Technology Act, 2000.
  • Thus, the petitioner has filed this petition seeking directions to the police for adding Sections 67 and 67A of the Information Technology Act, 2000.

Prominent Arguments by the Advocates

  • The petitioner’s counsel argued that the accused committed offences under Sections 67 and 67A. The police restrained from registering the FIR; however, the Shreya Singhal judgment only struck down Section 66A of the Information Technology Act, 2000.
  • The respondent’s counsel submitted that DSP had defended the action to recommend the addition of Sections 504 and 506 of the Indian Penal Code, 1860, in the previous FIR.

Opinion of the Bench

  • The petitioner can avail of the alternative remedy by approaching the concerned Magistrate under Section 156 or 200 of the Code of Criminal Procedure, 1973.
  • The allegations neither breach the fundamental right nor violate the principle of natural justice. Thus, the present petition is not maintainable.

Final Decision

  • The court disposed of the petition, directing the petitioner to avail the alternative remedy.