38.6c New Delhi, India, Tuesday, July 23, 2024

Case Against Bharti Airtel For Sending Obscene Texts To Customer Goes To Trial As Madras HC Denies Quashing Criminal Proceedings

By LawStreet News Network      06 February, 2020 10:02 PM      0 Comments
Case Against Bharti Airtel For Sending Obscene Texts To Customer Goes To Trial As Madras HC Denies Quashing Criminal Proceedings

Major Telecom Company Bharti Airtel has to face trial as the High Court of Madras on 5th February 2020 denied to quash the criminal proceeding which was initiated against the company because of obscene messages received by a customer. 

While dismissing the plea, Justice P Velmurugan also directed the chief judicial magistrate in Egmore to carry one the trial according to the law and complete it within four months.

A police complaint was lodged by advocate V S Suresh in 2011 against the company and its former chief executive officer Rajiv Rajgopalan as the company couldnt stop the obscene messages received by him even after various complaints. On the basis of this complaint, the cyber cell of Central Crime Branch (CCB) registered an FIR under Section 92, 292A (distribution of obscene contents) & 294 Indian Penal Code, 1860 & Sections 3, 4 & 6 of Indecent Representation of Women (Prohibition) Act, 1986 & Sections 2, 3 & 6 of the Young Persons (Harmful Publications) Act, 1956.

After investigation, CCB prepared a chargesheet in 2013 after which the magistrate ordered summons to the accused. Then the company filed a petition asking to set aside the criminal proceeding.

While backing their petition, the companys counsel said that The Company is only a service provider and has no role in sending such messages as it has no occasion to see the messages transferred from one customer to another. He further added that The messages said to have been received by Suresh were also not obscene as defined under the Indian Penal Code & therefore, the petitioner has nothing to do with the messages received by Suresh.

While referring to the statement recorded by the police, the judge said that It shows prima facie evidence & also the advocate made a complaint before the petitioners, for which they haven't taken any action.

Whether the company is liable or not will be decided during trial and the court did not find any reason to interfere in the criminal proceeding.


Author- Aditi Dubey

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
SC halts directive mandating name displays for hotel owners during Kanwar Yatra [Read Order]

The Supreme Court halts directives mandating name plates for hotel owners during Kanwar Yatra, citing concerns over exclusion and economic boycott.

22 July, 2024 02:53 PM
Trending Judiciary
NEET-UG: SC asks IIT-Delhi to apprise it of correct answer of a question where two options are found as correct

SC asks IIT-Delhi to determine correct answer for NEET-UG question with two correct options, report due by 12 PM Tuesday; court to hear further on re-test plea.

23 July, 2024 09:26 AM


Trending Judiciary
State govt has got no power to tinker with list of Scheduled Castes: Supreme Court [Read Judgement]

The Supreme Court ruled that state governments lack the authority to modify the Scheduled Castes lists, a power reserved exclusively for Parliament under Article 341.

17 July, 2024 09:31 AM
Trending Judiciary
SC asks Telangana govt to replace judge in Commission of Inquiry into power pact by previous govt

SC directs Telangana govt to replace Justice L Narasimha Reddy in Commission of Inquiry probing former CM KCR's alleged power sector irregularities.

17 July, 2024 09:40 AM
Trending Judiciary
Centre notifies appointments Justice N Kotiswar Singh, Justice Mahadevan as SC judges

Centre notifies appointments of Justice N Kotiswar Singh and Justice R Mahadevan as Supreme Court judges, marking the first SC judge from Manipur.

17 July, 2024 09:57 AM
Trending Judiciary
Imprisonment till rising of court not proper sentence for serious offence of bigamy: SC [Read Judgement]

The Supreme Court ruled that “imprisonment till the rising of the court" is not appropriate for bigamy, a serious offence, stressing the need for proportionate punishment.

17 July, 2024 10:00 AM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email