RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition is filed challenging the impugned order passed in CMP.No.147/2012 in CC.No.140/2010 on the files of the Judicial First Class Magistrate Court, Muvattupuzha, dismissing the above petition filed by the Revision Petitioner under Section 239 of the Code of Criminal Procedure, seeking discharge from prosecution. The Revision Petitioner is the sole accused in CC.No.140/2010 on the files of the Judicial First Class Magistrate Court, Muvattupuzha as well as Crime No.14/2009 in CCPS/Kerala, Thiruvananthapuram of Cyber Crime Police Station, Kerala, from which the above Calender Case had been arisen.

(2.) Originally he was the accused in Crime No.1499/2010 of Muvattupuzha Police Station registered for the offence punishable under Section 66 of the Information Technology Act (for short 'IT Act') and the Crime No.399/2009 of the Vanchiyoor Police Station registered for the offence punishable under Section 66 of the IT Act and Section 420, 379 r/w.Section 34 of the Indian Penal Code. These two crimes were registered alleging the same act alleged to have been committed by the accused. But, by the order No.D5/76776/2009 issued by the Director General of Police, the above two cases were transferred to Cyber Police Station, SCRB, Thiruvananthapuram. Now, after investigation, a final report has been filed by the Circle Inspector of Police, Cyber Police Station, Thiruvananthapuram before the Judicial First Class Magistrate Court, Muvattupuzha against the Revision Petitioner/accused alleging offence punishable under Section 469 of the IPC alone, after deleting the offence punishable under Section 66 of the IT Act and also all other offences alleged against the Revision Petitioner/accused for the offences punishable under the India Penal Code.

(3.) The prosecution case in brief is as follows: