petition to quash MMS case dismissed

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New Delhi, May 29 (UNI) Delhi High Court today dismissed the petition filed by the portal seeking to quash the case of pornography against it, involving two teenagers of the DPS R K Puram school three years ago.

While holding that prima facie a case is made out against the company BIPL, Justice S Muralidhar discharged its director Avinash Bajaj and said the Managing director of the company in its individual capacity could not be held liable for the offence under Section 292 of the Indian Penal code(IPC).

Jusice Muralidhar directed that the trial will continue under Section 292(1)(a), 292(2)(d) of IPC and Section 67 read with Section 85 of the IT Act in the matter.

The court dropped the charges under Section 294 of IPC and said no offence under this section was made out in the charge sheet. had depicted a video clip, shot on a mobile phone of two students of the Delhi Public School, indulging explicitly in sexual act.

The managing director of the portal Avinash Bajaj had filed a petition in the High Court to annul criminal prosecution against him.

The court stated that pornography on the Internet has posed a serious challenge to the governments on account of its nature and easy availability of pornographic material even to children.

The judge said the laws of our country are not adequate to meet the challenges of the internet to check dissemination of pornographic materials and hence the responsibility lies with the company.

Holding the company responsible for the dissemination of such materials, the court held that the case against them will continue.


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