Allahabad High Court stays criminal proceedings against man booked for FB post expressing anguish over wife's death during medical treatment

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 (Ashok Kumar Gautam v. State of UP)..Single-judge Justice Dr. Yogendra Kumar Srivastava, said the matter needs consideration and issued notice to the State authorities. "Prima facie, matter requires consideration. Issue notice to opposite party no.2 returnable by 1st September, 2021.".The court also stayed the criminal proceedings registered against the petitioner till the next date of hearing."Till the next date of listing, further proceedings, in Case No. 937 of 2021 (State Vs. Ashok Kumar Gautam), Police Station Nauchandi, District Meerut pending in the court of Additional Chief Judicial Magistrate-Ist Meerut, shall remain stayed.".The counsel for applicant informed that the said proceedings had been initiated pursuant to a first information report (FIR) dated July 25, 2020, registered after the accused put up a Facebook post.In the post, the accused expressed his anguish due to the death of his wife during the course of her medical treatment. It was further submitted that the applicant had 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, Meerut on September 21,2020.It was, therefore, claimed that the entire proceedings are malicious and only with a view to cause harassment to the applicant..The FIR was registered under Sections 504 (Intentional insult with intent to provoke breach of the peace) 507 (criminal intimidation by anonymous communication) of the Indian Penal Code, and provisions of the Information Technology Act and Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act..The matter will be heard again on September 1.