A v. Union Of India

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1636/2022 & CRL.M.A. 14319/2022, 14320/2022, 19709/2022 & 19711/2022 ..... Petitioner Through:

Mr. Sarthak Maggon, Advocate versus UNION OF INDIA ..... Respondent Through:

Ms. Arunima Dwivedi, CGSC with Mr. Prashant Rawat, GP and Mr. Aakash Pathak, Advocate for Union of India.

Mr. Sanjeev Bhandari, ASC with Ms. Anvita Bhandari and Mr. Kunal Mittal, Advocates for State.

Ms. Sneha Dey, Advocate for R-3.

Ms. Shruttima Ehensa and Mr. Rohan Ahuja, Advocates for R-5.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 13.05.2024 1.

This petition has been filed seeking the following reliefs:- "a. Direct Respondent no. 2 to lodge an FIR against Respondent no. 3 and 4 under Section 120B, 354, 499, 500, 34 of the IPC and Section 67 of the IT Act or any other provision of the aforementioned laws that may be applicable and conduct expeditious investigation in the matter. b. Direct Respondent no. 3 to ensure global take down of the webpage containing offending comments.

c. Direct Respondent No. 3 to preserve the data and cooperate with the concerned police officials for ensuring that the content does not re-surface on the internet.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

d. Direct Respondent 5, 6 and 7 and any other search engines to remove offending content described in the complaint upon information received from the police authorities or the Petitioner in case the content re-surfaces on the internet.

e. Pass any other order/direction/writ as this Hon'ble court may deem fit in the interest and furtherance of justice."

2.

Learned ASC, at the outset, submits that insofar as the first relief sought by the Petitioner for a direction to Respondent No.2 to register an FIR against Respondents No.3 and 4 is concerned, post the filing of the petition, FIR was registered against Respondent No.4 on 21.09.2022 but thereafter disputes were amicably settled between the Petitioner and Respondent No.4. No FIR was registered against Reddit Inc./Respondent No. 3. It is further submitted that on 28.09.2022, counsel for Respondent No.2 had brought forth that the objectionable photographs had been removed and counsel for the Petitioner sought and was granted 15 days' time to verify the said fact. Again on 02.12.2022, time was sought for verification by the Petitioner but as per the information received, the objectionable photographs have been removed by the accused/the originator himself.

3.

Learned counsel for the petitioner confirms that the objectionable photographs have been removed by the originator but the content thread has not been removed.

4.

Counter affidavit has been filed on behalf of Reddit Inc./Respondent No.3, the intermediary. It is categorically stated that on 22.07.2022, answering Respondent had received an e-mail from Petitioner's counsel referencing this petition but with no attachment or any other information. Answering respondent responded on 27.07.2022 seeking more information The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and later on receipt of the information, within 24 hours the post title and the entire content thread were removed. On 26.09.2022, a response to this effect was sent to the Petitioner by e-mail, confirming that the content was removed for violating the Content Policy.

5.

In view of the acknowledgement by the petitioner that objectionable photographs have been removed and the categorical stand of Respondent No.3 in the counter affidavit, which is uncontroverted, no further order is required to be passed in this petition.

6.

Petition along with pending applications is accordingly disposed of. JYOTI SINGH, J MAY 13, 2024/kks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.