The Rajasthan High Court Bench of Justice Birendra Kumar granted protection from arrest to an Advocate's clerk, who forwarded a proactive WhatsApp message after the Udaipur Killing.
Background:
The petitioner in the present plea sought for quashing of FIR registered on information of respondent Nadim Kadir for offences punishable under Sections 295A and 153A of the IPC.
Petitioner further sought for protection of his life and liberty.
As per the FIR, some message was forwarded by the petitioner wherein it was mentioned that “in Udaipur religious war has started, bravo finish the pigs”.
Submissions:
Learned counsel for the petitioner submitted that the aforesaid message was a “forwarded” message and by mistake, it was sent to the group of “advocate’s clerks”. Petitioner is also an advocate’s clerk, soon the petitioner deleted the message and pleaded sorry and asked for pardon.
Further, Learned counsel for the petitioner submitted that nothing happened due to the aforesaid whatsapp message, hence the offences alleged are not made out.
Order of the Court:
Court granted interim protection to the Petitioner and issued notice to the Respondents.
Order of the Court read as,
"In the meantime, petitioner shall not be arrested in the aforesaid FIR till further order with condition that petitioner shall fully cooperate with the investigation of the case.
The State-respondents are directed to ensure protection to the life and liberty of the petitioner and his family which cannot be at stake otherwise than due procedure established by law."
Case Title : Vikram Singh v. State of Rajasthan
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