Parshant Vashishta v. State of Chhattisgarh
In the High Court of Chhattisgarh
W.P (Cr.) 177/2017
Before Justice Sanjay K. Agarwal and Justice Rakesh Mohan Pandey
Decided on January 30, 2023

Relevancy of the case: Appeal against a Session Judge’s order directing the police to register an FIR for disclosing the identity of minor victims

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Code of Criminal Procedure, 1973 (Section 154, 156, 173, 482)
• The Indian Penal Code, 1860 (Section 354, 354A)
• The Protection of Children from Sexual Offences Act, 2012 (Section 11(1), 12, 23(1), 23(2))
• The Constitution of India, 1950 (Article 226)

Relevant Facts of the Case

• A case involving minor victims was registered under the mentioned provisions of the Indian Penal Code, 1860, and the POCSO Act, 2012.
• The petitioners, the principal and the school staff, exposed the victims to videography of the said instance, disclosing the victims’ identity and reporting the matter to the press.
• The respondent filed an application and a complaint to the Police Station and the Inspector General of Police against the petitioners for disclosing the victim’s identity, exposing the students to videography, etc., followed by inaction. Hence, the learned Additional Sessions Judge granted the application, aggrieved by which the petitioners have filed the present writ petition.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the learned Sessions Judge failed to comply with the requirements of Section 154(3). Hence, the application and FIR are not maintainable, and the court should set aside the order.

Opinion of the Bench

• The learned Additional Sessions Judge breached his jurisdiction and failed to comply with Section 154(3) by granting an order in an application under Section 156(3). Also, the respondent failed to file applications under Section 154(3).

Final Decision

• The court set aside the order passed by the Additional Sessions Judge and allowed the petition.