Allahabad HC stays criminal proceedings against person booked for FB post expressing grief over wife’s death during medical treatment

Read order: Ashok Kumar Gautam vs. State of UP & Anr.

LE Staff

Prayagraj, July 24, 2021: The Allahabad High Court has stayed criminal proceedings against a man who was booked for a Facebook post after he lost his wife during the course of medical treatment at a hospital. 

A Bench of Justice Dr. Yogendra Kumar Srivastava said the matter needs consideration and issued notice to the State authorities. 

As per the applicant’s counsel, criminal proceedings were initiated against him after an FIR was registered for putting up a Facebook post, where he expressed his agony for the death of his wife during the course of her medical treatment.

The FIR was registered under sections 504 and 507 of the IPC and provisions of the Information Technology Act and UP Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act. 

It was pointed out by the counsel that the applicant submitted a complaint with regard to the matter relating to the death of his wife during the course of her medical treatment to the Chief Medical Officer, District Meerut on September 21, 2020.

Accordingly, it was claimed that the entire proceedings against him are malicious and only with a view to cause harassment to the applicant. 

The High Court therefore listed the matter for hearing on September 1, 2021 and directed for stay on further proceedings in Police Station Nauchandi, District Meerut pending in the court of Additional CJM-Ist Meerut.