HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34277 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash charge sheet dated 19.02.2021, filed on dated 20.02.2021 and cognizance order dated 30.04.2021 passed by learned Chief Judicial Magistrate, Jalaun at Orai in Case no. 1472/2021 (State of U.P. vs. Ram Dwivedi) under Section 67 IT Act, arising out of Case Crime no. 339/2020, PS- Kotwali Orai, District Jalaun along with entire proceeding of said case. 3. Learned counsel for applicant submitted that FIR has been lodged against the applicant and two other co-accused persons alleging therein that the accused persons have posted certain provocative and indecent comments against the administration. After conclusion of investigation, charge sheet has been submitted whereupon cognizance has been taken up vide order dated 30.04.2021 against the applicant. 4. It is contended by learned counsel for applicant that from perusal of the screenshot of the post of applicant, it transpires that no provocative or indecent material appears to have been posted. Learned counsel also relied upon judgment rendered by co-ordinate Bench of this Court in Application u/s 482 no. 31091 of 2023 (Mohd. Imran Kazi vs. State of U.P. and another) decided on 18.10.2023 wherein it has been observed as under: "11. Even otherwise Section 67 of the I.T. Act is for the obscene material and not for provocative material. The words "lascivious or appeals to the Versus Counsel for Applicant(s) : Jaya Agrahari, Vishnu Kant Tiwari Counsel for Opposite Party(s) : G.A. Ram Dwivedi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) prurient interest" mean relating to sexual interest and desire, therefore, Section 67 I.T. Act does not prescribe any punishment for other provocative material." 5. Lastly, it has been submitted by learned counsel for applicant that in view of aforesaid arguments, no offence under Section 67 of IT Act is made out against the applicant, hence the entire proceeding is liable to be quashed. 6. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid arguments. 7. From perusal of Section 67 of the I.T. Act, it is clear that it is punishable only when any person publishes or transmits or causes to be published or transmitted in the electronic form any material which tends to deprave and corrupt persons who read, see or hear aforesaid material/message contained or embodied. Section 67 of the I.T. Act is being quoted as under: "67. Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees." 8. After having rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that in the police memo dated 19.02.2021, CD-14, it transpires that allegation against applicant is for posting comments over social media, alleging the administration for committing scam, concealing figures and comments were made urging for transfers etc. and in co-relation with plain reading of Section 67 of IT Act, it reveals that case of applicant is squarely covered with the judgment rendered by co-ordinate Bench of this Court in case of Mohd. Imran Kazi (supra). No offence in pursuance to Section 67 of IT Act, is made out against the applicant. NA528 No. 34277 of 2025 2 9. In view of aforesaid facts and circumstances, entire proceeding arising out of Case Crime no. 339/2020 under Section 67 IT Act, PS- Kotwali Orai, District Jalaun is hereby set aside only in respect of applicant herein. 10. The instant application u/s 528 BNSS stands allowed accordingly. 11. However, it is made clear that this order will not preclude the authorities concerned to implicate present applicant under the specific/relevant sections as per the allegation put forward in the FIR, after conducting inquiry by concerned Inquiry Officer. September 10, 2025 Shaswat NA528 No. 34277 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad