The Karnataka High Court on Friday quashed a notice issued by the Uttar Pradesh Police to Twitter India Managing Director Manish Maheshwari under section 41A of CrPC. The notice was corresponding to the FIR registered over a video posted on Twitter. Justice G Narendar observed that the notice under section 41A was a mala fide act on the part of the police considering the fact that the petitioner was not arrayed as an accused in the FIR.
The court further said the notice under section 41A shall be read as a notice under section 160 of CrPC and it is open for the police to secure the statement or information by interacting with the petitioner either on virtual mode or by meeting him at the official or residential address.
Manish Maheshwari, a resident of Bengaluru, had moved the Karnataka High Court seeking setting aside the notice issued to him by the Loni Border Police station in Ghaziabad district of Uttar Pradesh under section 41A of CrPC. The petitioner said as per clause 3 of section 41A the investigating officer can arrest the person after recording reasons for the same. The petition said that the police had initially issued a notice under section 160 and when the petitioner offered to appear through video conferencing, the police issued the notice under section 41A of CrPC.
The court said that the respondents have not disputed the submission by the petitioner that Twitter India and Twitter Inc, based in the USA, are two different entities and that the former has no control over content posted on the social media platform.
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