HC quashes criminal proceedings against Microsoft
New Delhi: The Delhi High Court Monday quashed
criminal proceedings against Microsoft India, one of the 21 websites summoned by a trial court for allegedly hosting objectionable contents.
Justice Suresh Kait set aside the trial court order for
initiating criminal proceedings against the website.
The high court also gave complainant Vinay Rai liberty to
file a fresh complaint if he finds later any credible piece of
evidence against the website.
Justice Kait passed the order, accepting the website`s plea challenging the trial court`s summons initiating criminal proceedings against it for hosting "obscene and derogatory content".
In its plea, the software giant had pointed out it was not
providing any platform to people to interact with each other
and post or publish their views, but was merely engaged in
development and sale of software and computing solutions.
Microsoft`s counsel told the court that no defamatory
material was posted on its websites.
Vinay Rai had approached the trial court seeking to remove allegedly objectionable content from 21 websites, including Microsoft, Facebook, Google, Yahoo and YouTube. Among these, 12 websites are of foreign companies.
A metropolitan magistrate had summoned the websites` firms
to face trial for allegedly committing offences punishable
under the Indian Penal Code sections 292 (sale of obscene
books and material) and 293 (sale of obscene objects to young
The trial court had observed that the material submitted
by the complainant contained obscene pictures and derogatory
articles pertaining to Hindu deities, Prophet Muhammad and
Justice Kait earlier had passed a similar order quashing
criminal proceedings against Yahoo India.
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