MUKESH P SHET Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The respondent No.1 police have registered a case in CC No.14767/2011 particularly for the offence punishable under section 66-A of the Information Technology Act, 2000 on the ground that the petitioner has sent E-mail from his E-mail address to the public against the Complainant i.e., the second respondent herein which reads as follows:

(2.) The trial Court has taken cognizance of the offence which was called in question before this Court in Criminal Petition No.6048/2011. This Court vide order dated 17.1.2012, has come to the conclusion that Section 66-A of the Information Technology Act cannot be applied and that the information sent by petitioner is per se defamatory. The Court has further observed that such information will attract an offence u/s.499 of Cr.P.C. Whether the information was sent in good faith or not, whether petitioner had intention to protect the interest of public are the matters for consideration during trial. With the said observation, this Court in the above said case, dismissed the Revision Petition.

(3.) Thereafter, the trial Court has framed charges u/s.66-A of the Information Technology Act.