shot-button
Subscription Subscription
Home > Mumbai > Mumbai News > Article > Bombay HC refuses to quash FIR against man for posting objectionable message on WhatsApp

Bombay HC refuses to quash FIR against man for posting objectionable message on WhatsApp

Updated on: 15 September,2021 12:00 AM IST  |  Mumbai
PTI |

The prosecution's case is that Sayyad was a member of a WhatsApp group of the local community and colony members, which was created for the purpose of organising the Durga Puja festival. The accused allegedly posted an abusive and disrespectful message about Goddess Durga in the group

Bombay HC refuses to quash FIR against man for posting objectionable message on WhatsApp

Bombay High Court. File Pic

The Nagpur bench of the Bombay High Court has refused to quash a case registered against a 58-year-old man for allegedly posting an offensive message on a WhatsApp group noting that “prima facie the post was objectionable.”


The court also took note of the prosecution's argument that the accused had deleted the post from the group and his mobile phone after the case was registered, with an intention to destroy evidence.


A division bench of Justices V M Deshpande and Amit Borkar in its order passed on September 6, a copy of which was made available on Wednesday, dismissed the application filed by the accused Jafar Ali Sayyad, seeking to quash the FIR registered against him in October 2019 by the Kanhan police in Nagpur.


Sayyad was booked under section 295A (deliberate and malicious acts intended to outrage religious feelings) and 153(A) (promoting enmity between different groups on grounds of religion).

Also Read: International Day of Democracy: Why Indians should be concerned about online surveillance and privacy

The prosecution's case is that Sayyad was a member of a WhatsApp group of the local community and colony members, which was created for the purpose of organising the Durga Puja festival.

The accused allegedly posted an abusive and disrespectful message about Goddess Durga in the group, it was stated.

While opposing Sayyad's plea, the prosecution told the court that the accused had deleted the alleged offensive message from the WhatsApp group and also from his mobile phone with an intent to destroy evidence.

The court after perusing the FIR and the plea said, “On careful scrutiny of the FIR, we are of the prima facie opinion that the message posted by the applicant (Sayyad) is objectionable.”

“Whether there was malicious intention on the part of the applicant is a matter to be considered by the investigating agency. We are of the opinion that at this stage, the right of the investigating agency to investigate the offence cannot be throttled,” the bench said.

The court at this stage cannot consider or conclude if the contents of the alleged offensive message were malicious or intended to outrage the religious sentiments of a particular community, and it would be in the best interest of justice to let the police determine the same, it further said.

This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever.

"Exciting news! Mid-day is now on WhatsApp Channels Subscribe today by clicking the link and stay updated with the latest news!" Click here!


Mid-Day Web Stories

Mid-Day Web Stories

This website uses cookie or similar technologies, to enhance your browsing experience and provide personalised recommendations. By continuing to use our website, you agree to our Privacy Policy and Cookie Policy. OK