In its order, the Bench expressed serious concern over the fact that FIRs are being regularly registered by the police under Section 3 of the Act, without application of mind. It was noted that the provisions of the Act were being invoked for videographing of discussions at police stations, taking photographs within the police station, etc.
To attract the provisions of the Act, the place where the incident takes place has to be a ‘prohibited place,’ and a police station does not fall under this definition, the Court clarified.
While quashing the FIR, it held,
“Registration of the offence as against the petitioner, in the facts, is clearly an abuse of the process of law and if not quashed, would lead to serious miscarriage of justice, which cannot be countenanced.”
Source: Barandbench
