VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
through the contents of the alleged webseries namely
“College Romance”, particularly Episode no. 5 of series 01.
It is admitted fact of all the parties that there are various
obscene language throughout the episode and the same is not
in denial, but merely abusive language may not amount to
obscenity as per judgments relied upon by the parties. At
present, the role of the Court, while dealing with the revision
petitions, is confined to the correctness, illegality and
impropriety of the impugned order…”
9. From the perusal of the above judgment, it is evident that
both the Sections cannot be invoked at the same time.
Scientifically, the content was only shown in the internet
media and the prosecution has not stated anywhere that there
was any other visual representation beyond the internet.
Hence, the arguments of ld. Counsels for the revisionists in
this regard to the extent that Sections u/s 292 and 294 IPC
cannot exist together with Section 67A IT Act, if the content
is only confined to the digital media, are acceptable. Rest of
the arguments referred to the defining of whole content, is not
permissible in the revisional jurisdiction as that can be done
only after the collection of evidence in this regard and a final
finding cannot be made while dealing with the revisional
jurisdiction. Hence, the impugned order passed by ld.
ACMM is modified to the extent that FIR be registered
only u/s 67A of Information & Technology Act and rest of
the Sections related to IPC be dropped...”
(Emphasis supplied)
B.
12.
SUBMISSIONS AT THE BAR
Learned senior counsel for the petitioners argued that the
impugned orders suffer from illegality and are liable to be quashed
since there is non-compliance of Section 154(3) of Cr.P.C. and
therefore, non-compliance of the same will come in the way of
CRL.M.C. 2214/2020 & connected matters
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