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Synopsis

The Bombay High Court recently granted a stay on criminal proceedings against a photographer who faced charges for uploading objectionable content of a client on websites.

The division bench of the high court, consisting of Justice PD Naik and Justice NR Borkar was hearing a petition filed by the photographer challenging the criminal proceedings initiated against him in Girgaon Court.

The D.B. Marg Police Station had charged the professional photographer with offences under Sections 354 (c), 500 of the Indian Penal Code, and Section 66 (e) of the Information Technology Act.

The complainant - dancer had alleged that the photographs were taken with their consent. However, the photographer uploaded the pictures on Pinterest and Pixabay, after which unknown individuals posted them on objectionable websites.

Advocates Harekrishna Mishra, Satish B Yadav, and Poonam S Devkar, representing the petitioner, argued that there was no evidence on record indicating that the petitioner played a role in uploading the photographs on the objectionable website. They pointed out that the complainant herself had also uploaded her photographs on Pinterest.

Advocate Sachin R Agawane, representing the complainant, asserted that the pictures were uploaded without the complainant's permission. Furthermore, he emphasized that these photographs were uploaded on an objectionable website, leading to mental trauma for the complainant.

The division bench agreed to grant interim relief to the petitioner while noting that an arguable question was raised by the petitioner.

“The question which arises for consideration is whether Section 354(C) and other offences invoked in this proceedings are attracted against the petitioner. Arguable questions are raised. There shall be ad-interim relief till final disposal of the petition,” the order reads.

Case title: Pashminu Shyam Mansukhani  vs State of Maharashtra & Anr