HARISH CHANDRA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present C-482 application has been filed by the applicant for quashing the charge-sheet No.01 of 2023, dtd. 24/5/2023 submitted by the Investigating Officer in FIR No.01 of 2020, under Sec. 67B of Information Technolgy Act, 2000 Revenue Circle , Syalde (P.S., Deghat), District Almora along with impugned cognizance/summoning order dtd. 15/3/2024 passed by learned Judicial Magistrate, Bhikiyasain, District Almora in Criminal case No.24 of 2024 (Case Crime No.01 of 2020) State of Uttarakhand vs. Harish Chandra Sharma, under Sec. 67B of Information Technolgy Act, 2000 Revenue Circle, Syalde (P.S., Deghat), District Almora, along with entire proceedings of the said case pending before the court of learned Judicial Magistrate, Bhikiyasain, District Almora.

(2.) The facts in brief are that an FIR was lodged by the Revenue Inspector Syalde-informant against unidentified persons who uploaded some objectionable obscene post on facebook. On investigation, it was found that the name of the user was Rohit Rock and the IP was related to BSNL. After inquiry, cyber crime police informed that the IP belonged to Harish Chandra Sharma i.e. the applicant and accordingly charge-sheet was filed against him upon which the cognizance was taken and the applicant was summoned to face the trial.

(3.) The learned counsel for the applicant pleads that the applicant has already sold his computer shop in which the said IP was functional. He further states that he has no connection whatsoever with the said shop and all the dues of computer centre and internet connections are paid by the present owner. He further pleads that it is quite strange that a person has been roped in only on the ground that some objectionable videos has been uploaded through his Wi-Fi connection and no investigation has been done against the person who were involved in uploading the said obscene videos.