KARAN MENON Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) FIR was lodged by the second respondent alleging that the petitioner-accused used to talk to her online and harass and threatened her by sending nude messages to her and family members. The police registered FIR for the offences punishable under Sec. 43A, 67, 66D, 66E, 67A of the Information Technology Act, 2000 (for short 'the IT Act') and under Sec. 354(D) of IPC. Taking exception to the same, this petition is filed.

(2.) Learned counsel for the petitioner submits that the offences alleged against the petitioneraccused are punishable with imprisonment for three years and with fine and the final report has not been filed by the police even after lapse of more than five years from the date of alleged incident. The cognizance cannot be taken by the learned Magistrate after three years from the date of offences as specified under Sec. 468 (2)C of the IPC.

(3.) On the other hand learned High Court Government Pleader appearing for the respondent No.l-State submits that the allegations made in the FIR discloses the commission of cognizable offence and the allegations requires to be investigated and at this stage the registration of the FIR cannot be interfered with.