Kerala High Court
Facebook India Online Services Private ... vs The State Of Kerala on 13 April, 2021
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
Crl.M.Appl/1/2021 IN Crl.MC 2214/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday,the 13th day of April 2021/23rd Chaithra, 1943
Crl.M.Appl/1/2021 IN Crl.MC/2214/2021
For information purpose only
CC. No.108/2019 of the JUDICIAL MAGISTRATE OF FIRST CLASS -II, PEERUMEDU
PETITIONER/PETITIONER:
FACEBOOK INDIA ONLINE SERVICES PRIVATE LIMITED
UNIT NOS.1203 AND 1204, LEVEL 12, BUILDING NO.20, RAHEJA MINDSPACE,
CYBERABAD, MADHAPUR, HITECH CITY, HYDERABAD-500 081,
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, VAMSI KRISHNA
TADEPALLI, AGED 40 YEARS, S/O.MR.T.E.V.SAGAR.
RESPONDENTS/COMPLAINANT:
1. THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SHILPA V.KUMAR IFS,
DEPUTY DIRECTOR, DEPUTY DIRECTOR'S QUARTERS,
PERIYAR TIGER RESERVE, THEKKADY, KUMILY-685 509.
Petition praying that in the circumstances stated therein the High Court be
pleased to direction to restrain the issuance of any further coercive steps to compel personal
presence of the petitioner's CEO as complainant's Witness No.6, in Cc.No.108/2019, pending
before the court of Honourable Judicial Magistrate First Class -II, Peermade, Kerala and any
further orders as deemed fit and proper in the interest of justice.
This petition coming on for orders upon perusing the petition and upon hearing the
arguments of M/S. S.SREEKUMAR (SR.) & THOMAS P.KURUVILLA, Advocates for the
petitioner, and the PUBLIC PROSECUTOR for the 1st respondent, the court passed the
following
agk
ANNEXURE E: CERTIFIED COPY OF SECOND IMPUGNED ORDER DATED
MARCH 27,2021 IN C.C.NO.108 OF 2019 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, PEERMADE.
BECHU KURIAN THOMAS, J.
======================
Crl.M.A.No.1/2021
in
CRL.M.C.No.2214 OF 2021
======================
For information
Dated purpose
this the 13 day of April,only
2021
th
ORDER
The CEO of Facebook was summoned by the learned Magistrate, at the instance of the 2 nd respondent to produce certain documents relating to the Facebook account of the accused in C.C.No.108/2019 on the files of the Judicial First Class Magistrate Court, Peermade. A power of attorney holder of Facebook India appeared before Court and sought to cancel the summons. Picking holes in the said application, the learned Magistrate dismissed the application and directed the witness to honour the summons and be present in court.
2. Thereafter on 27.03.2021, noticing the absence of the witness, a non-bailable warrant has been issued.
3. Facebook India is not in possession of the Crl.M.A.No.1/2021 in CRL.M.C.No.2214 OF 2021 2 information, and the order to appear was communicated only the day before the posting of the case, contends the learned Senior counsel. Having heard the learned Senior For information purpose only Counsel, Advocate Sidharth Luthra, I am of the view that the issue needs a deeper consideration. Prima facie there seems to be merit in the contentions.
Accordingly, there shall be an interim stay of operation of the non-bailable warrant issued in C.C.No.108/2019 on the files of Judicial First Class Magistrate-II, Peermade, Kerala, which is produced as Annexure-E. There shall also be a stay of operation of the summons dated 25.01.2021 and 16.02.2021, issued by the Judicial First Class Magistrate Court-II, Peermade, to the extent of witness No.6 in the witness schedule in C.C.No.108/2019.
Sd/-
BECHU KURIAN THOMAS JUDGE NB/13.04.2021 /true copy/ Sd/- ASSISTANT REGISTRAR