Kailash v. State of Rajasthan

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Kailash v. State of Rajasthan

Kailash v. State of Rajasthan
In the High Court of Rajasthan
Criminal Misc. Petition 1165/2015
Before Justice Vijay Bishnoi
Decided on May 19, 2015

Relevance of the case: Quashing of FIR registered under Sections 66A and 67 of the Information Technology Act, 2000.

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66A, 67)
  • The Indian Penal Code, 1860 (Section 295)
  • The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

  • The petitioner had sent some defamatory message against a religious community on WhatsApp.

Prominent Arguments by the Advocates

  • The petitioner’s counsel submitted that the petitioner did not send the message and he had no knowledge of the message contents.
  • The respondent counsel submitted that the dispute has been amicably resolved and the respondent number 2 has no issues if the impugned FIR is quashed.

Opinion of the Bench

  • The dispute has been amicably resolved, and an undertaking has been given by the petitioner of not doing such act in future. Hence, it is a fit case for quashing the criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973.

Final Decision

  • Petition allowed. Impugned FIR quashed.

This case summary has been prepared by Nandini Gadgil, an undergraduate student at DES Shri Navalmal Firodia Law College, Pune, during her internship with The Cyber Blog India in January/February 2021.

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