Court quashes proceedings against Microsoft India
Monday March 19, 2012 01:28:14 PM,
IANS
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New Delhi: The Delhi
High Court Monday quashed charges of hosting objectionable content
against Microsoft India and set aside a trial court order for
initiating criminal proceedings against the company for lack of
evidence.
Setting aside the proceedings, Justice Suresh Kait said: "There is
no evidence on record against the petitioner."
Justice Kait accepted the company's plea that Microsoft was not
providing a platform to people to interact with each other and
post or publish their views, but one engaged in development and
sale of software and computing solutions.
The company's counsel told the court that no defamatory material
was posted on its websites, and Microsoft India is not a social
networking site or search engine.
The move came as Microsoft India approached the high court,
challenging the trial court's order initiating criminal
proceedings against it for hosting "obscene and derogatory
content".
The high court also gave the complainant Vinay Rai liberty to file
a fresh complaint if any credible piece of evidence was found
against the company.
The company in its petition submitted that there is not even an
iota of evidence against the Microsoft India. "Still no offence
whatsoever is disclosed against the company."
"The complaint is wholly false and malicious and has been lodged
with an ulterior motive to cause harassment and to blackmail the
company and other officers of the company," the petition said
while seeking quashing of proceedings against it.
Rai had approached the trial court to remove objectionable content
from 21 websites, including Microsoft, Facebook, Google, Yahoo and
YouTube. Among these, 12 websites are of companies based abroad.
Metropolitan Magistrate Sudesh Kumar had summoned the companies 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 persons).
The trial court observed that the material submitted by the
complainant contained obscene pictures and derogatory articles
pertaining to Hindu deities, Prophet Muhammad and Jesus Christ.
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