High Court of Punjab and HaryanaCRM-M/24238/2017disposed of

Jatinder Singh Saini v. Ut Of Chandigarh And ORS

2017-07-12Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-24238 of 2017 (O&M) Date of Decision: July 12, 2017 Jatinder Singh Saini

...Petitioner

VERSUS

State of U.T. and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Sumit Saddi, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 482 Cr.P.C. for issuance of directions to respondent No.2 to block the website www.complaintboard.in with immediate effect as the prescribed provisions of Information and Technology Act are not being followed properly by respondent No.3 and 4, with further prayer to issue directions to respondent No.5 and 6 to register case against respondents No.3 and 4 for not removing the defamatory contents from their relevant websites and not adhering to the provisions of I.T. Act etc.

I have heard learned counsel for the petitioner and have gone through the record.

A specific query was put to learned counsel for the petitioner that by not following the provisions I.T. Act, which offence has been Vineet Gulati 2017.07.14 15:54 I attest to the accuracy and authenticity of this document Chandigarh committed and under which provisions, it is punishable. Learned counsel

CRM No.M-24238 of 2017 -2for the petitioner failed to tell the same. Furthermore, another query was put that under which Section, the petitioner wants to get registered the FIR. Learned counsel stated that as the website has published defamatory material against the petitioner, therefore, FIR should be registered under Section 500 IPC.

I have gone through Section 500 IPC. It is an non-cognizable offence. The petitioner, if aggrieved from any defamatory material published against him, can file the complaint. Furthermore, learned counsel for the petitioner has also failed to show as to how this Court can give direction under Section 482 Cr.P.C. to block the website. No ground is made out for issuance of direction to block the website. The petitioner has alternative remedies available to him, which he can avail.

With the above-said observations, the present petition stands disposed of.

July 12, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.07.14 15:54 I attest to the accuracy and authenticity of this document Chandigarh