Counter-affidavits can be filed within four weeks, Allahabad High Court said
The Allahabad High Court has stayed criminal proceedings against a man charged for his Facebook post expressing anguish over his wife's death during treatment at a hospital.
Justice Dr Yogendra Kumar Srivastava passed the order Tuesday on a plea filed by Ashok Kumar Gautam against whom proceedings have been initiated over a Facebook post.
The application was filed seeking to quash the charge-sheet dated October 31, 2020, and entire proceedings in the matter.
The petitioner's counsel submitted that the proceedings have been initiated pursuant to an FIR filed on July 25 last year containing allegations primarily relating to a Facebook post which is essentially an expression of anguish of the applicant over the death of his wife.
It is pointed out that the applicant submitted a complaint to the Chief Medical Officer, District Meerut, on September 21, 2020.
The counsel submitted that the entire proceeding is malicious and initiated only with a view to cause harassment to the applicant.
Hearing the petition, the court observed, "Prima facie, the matter requires consideration. Issue notice to opposite party returnable by September 1, 2021. Opposite parties may file their counter-affidavits within four weeks."