The Bombay High Court has quashed an FIR for defamation registered against a journalist for publishing a report about two policemen who were allegedly found counting currency notes at a gangster's house.
Tarakant Dwivedi, who writes under the name 'Akela', had alleged in an article on his website that two constables, a private contractor and some others were present at birthday celebrations of a gangster in neighbouring Thane.
Dwivedi also published a photograph showing the two policemen counting Rs 35 lakh which the gangster had received on his birthday.
The contractor lodged an FIR against Dwivedi under section 66 A of Information Technology Act (sending offensive message) and under section 500 (defamation) of IPC.
Dwivedi moved the high court for relief. On November 16, a division bench of justices V M Kanade and Nutan D Sardessai quashed the FIR.
"Offence under section 500 is non-cognisable and as such an FIR cannot be registered... At the most, an NC (non- cognisable) complaint can be registered," the court said.
The judges also pointed out that section 66 A of IT Act has been held to be unconstitutional by the apex court.
Dwivedi had a run-in with the police earlier too when he wrote about "pathetic condition" of a police store room where weapons were stored. He had faced a case under the Official Secrets Act which the high court quashed.
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