Siddhartha Chattopadhyay, J. - (1.) Being dissatisfied with the order dated 18.06.2017, passed by the learned Chief Metropolitan Magistrate, Calcutta, the present petitioner has prayed for quashing of the said order. By the said impugned order, the learned C.M.M. has directed the present petitioner to remove the entire Facebook pages available at "The Darjeeling Chronicle". Pursuant to that order of the learned C.M.M., the local police has sent a notice under Section 91 Cr.P.C. on 19.06.2007 and asked the petitioner to immediately block and remove the relevant pages.
(2.) The petitioner herein has challenged the said order as well as the action of the local police on following grounds:- (1) That the C.M.M. has passed the impugned order just mechanically and without any application of mind. (2) The said order was beyond the jurisdiction of the said Court in view of Rule 10 of Information Technology Rules 2009. (3) That the learned C.M.M. has acted without adhering to the relevant Sections 177 to 184 Cr.P.C. which deals with the jurisdiction of a criminal court, (4) That the learned trial court ought to have considered Sections 95 and 96 Cr.P.C., since it is a special statue. (5) Relevant rules i.e. IT (Procedures and Safeguards for blocking for access to information by public) rules were not complied with.
(3.) At the time of hearing, learned Counsel Mr. Luthra appearing on behalf of the petitioner contended that no F.I.R. was registered and in spite of that learned trial court has passed an order to that effect. The impugned order bears the words "G.D. Extract No. 582, dated 17.06.2017.";