SHUBHAM BANSAL Vs. STATE

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby to set aside the observations of the learned Court passed in application under section 173(8) Cr.P.C. in FIR No.130/2012 in case titled State vs. Shubham Kansal.

(2.) Further seeks direction thereby setting aside order dated 04.01.2017 passed in Criminal Revision No.138/2016 and restore order dated 26.02.2016 passed by learned CMM whereby proceedings under Section 66A, IT Act and Section 509 IPC against the petitioner has been dropped.

(3.) The brief facts of the case are that the respondent no.2/complainant filed an application before the police about the commission of an offence under section 66A of the Information and Technology Act (hereinafter referred to as the IT Act). Though the investigation was continuing but was not to the satisfaction of the complainant, therefore, the complainant had filed Writ Petition No.399/2012 praying for registration of FIR regarding unsolicited phone calls and SMS. This Court directed the Police to hold the inquiry and register the FIR as per the provisions of law. Consequently, FIR No.130/2012 was registered on 11.05.2012 under section 66A of the IT Act.