Facebook annexures R-3 to R-6 are not attested and not
signed by any person. Only photostat copy of Facebook
messages has been placed ... that
Facebook messages are correct messages of the original
messages of Facebook. In the absence of certificate to the
effect that facebook messages are correct
Heard learned counsel for the applicant. He has submitted
that except FACEBOOK Message, nothing is placed on record
incriminating against the applicant.
The facebook message ... applicant and the applicant
forwarded the same. The original author of facebook message is not
the applicant.
Hence, ad-interim anticipatory bail granted by this
lured him into physical relationship and used to
send obscene messages on his facebook/Whatsapp
The text of such messages is also filed on record ... simply refused. The applicant has also filed the
text of various facebook/Whatsapp messages on
record, which took place between the applicant
and the prosecutrix
ought to have
exercised more caution before forwarding the message from his
facebook account. If such a caution has been thrown to the winds ... true that the petitioner removed the derogatory
message from his facebook account even on the same day and he also
apologized for having forwarded
statements of the family members of the
deceased, whatsapp messages, facebook accounts, email addressed by the
deceased to the learned counsel, previous complaints and statements
time of the
alleged occurrence. While referring to the Facebook messages/conversation
(Annexure P4), it is submitted that there was no element of force ... prosecution for reasons best known to it did not
incorporate the entire Facebook conversation as a part of the challan and has
relied only
timeline of the petitioner's facebook account by one of his friends. The said messages were also forwarded from one account to another ... whatsapp. Moreover, when some of his friends in his facebook group had posted these messages in the timeline of his facebook account, the fifth respondent
According to the complainant, petitioner would send her
inappropriate and disturbing messages through Facebook
messenger and whatsapp, particularly at late night hours.
According ... scholar working under somebody else
appeared on his Facebook account without any request, used the
Facebook but then blocked the same, has also mentioned therein
applicant, in short, are that the
applicant posted an obscene message on Facebook with
regard to girls belonging to Brahmin community, thereby
hurting the sentiments ... that he is the author of the post.
Even assuming that the message is indecent, then too
section 67-A of the Information Technology
message has been brought on record to show
that any negative message has been sent from the face book account of
petitioner to the facebook ... been filed merely on suspicion that
some people are sending message on facebook account to create
communal disharmony.
Patna High Court
