Mohd. Arif v. State of Uttarakhand
In the High Court of Uttarakhand
W.P. (Crl.) 19/2014
Before Justice Sudhanshu Dhulia
Decided on January 10, 2014

Relevancy of the case: Quashing of FIR for an offence under Section 67A of the Information Technology Act, 2000.

Statutes and Provisions Involved

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

Relevant Facts of the Case

• The petitioner is the director of the news channel “CHANNEL ONE” against which an FIR has been lodged under the abovementioned sections.
• The complainant has stated that the petitioner was involved in extortion and blackmail.
• This is an application to quash the FIR with an interim prayer to prevent the petitioner’s arrest.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the FIR does not disclose an offence under Section 67A of the Information Technology Act, 2000 as the channel did not show any sexually explicit material.

Opinion of the Bench

• As the respondent’s reply would be filed within 10 days, the petitioners are at liberty to argue for their interim relief on that day. Hence, the matter is listed on another date.

Final Decision

• Application rejected.