The Delhi High Court on Monday set aside a summoning order against Microsoft India, admitting an argument by the company that no case was made out against it.

Justice Suresh Kait quashed the order on a petition by the company challenging the order of a court here directing it to appear as an accused to face criminal proceedings for allegedly posing obscene and defamatory material on its website.

The lower court had summoned the company on a complaint by journalist Vinay Rai, urging the court to prosecute the company for allegedly posting the objectionable material.

Seeking the quashing of the summoning order, counsel for Microsoft India submitted that the trial court had not applied its mind while summoning his client as it did not provide a platform for people to post their opinions on its websites. It only sold software and computing solutions, counsel said.

Countering the allegations, the company submitted that no defamatory or obscene material was posted on its website.

In February, the Delhi High Court quashed the summoning order against Yahoo India in a similar case.

The lower court, on December 23 last, summoned 21 websites, Microsoft India, for allegedly committing offences of criminal conspiracy, sale of obscene books and obscene objects to young persons on the complaint of Mr. Rai.

The Centre, on January 13, granted sanction for prosecution of the accused websites, saying there was sufficient material on record to proceed against them for alleged offences of promoting enmity between classes and causing prejudice to national integration. Subsequently, the court had asked the executives of the 21 sites to appear personally before it.

Keywords: Microsoftobscenity

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