MOHAMMED RIZWAN FAZLUDDIN KADRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. R.C. Kodekar waives service of Rule for respondent, State of Gujarat. Petitioner is original accused. A complaint was filed on 25.02.2003 before Satellite Police Station, Ahmedabad stating that the complainant while discharging his duties had on 30.12.2002 opened electronic mail box of the Hon'ble Chief Minister. While scanning through the mails received, he found one mail which reads as follows:

(2.) It was, therefore, alleged that by sending the said mail, serious offences have been committed which should be inquired into. Investigation was carried out and ultimately investigating agency was of the opinion that petitioner had send the said mail. Charge-sheet was filed, therefore, for offences punishable under Section 507 of Indian Penal Code and Section 67 of The Information Technology Act, 2000. Petitioner filed an application Exh.8 dated 19th August 2007 in said Criminal Case No.2908/2003 contending inter-alia that no case is made out against the petitioner. Both charges should, therefore, be dropped. This application Exh.8 came to be turned down by the learned 8th Additional Senior Civil Judge & JMFC, Ahmedabad (Rural) observing inter-alia that looking to the nature of allegations and rise in such crimes in the society, it is not possible to discharge the accused without recording evidence. Same was, therefore, dismissed. Petitioner is, therefore, before this Court challenging the said order of the learned Magistrate.

(3.) Learned counsel for the petitioner at the outset stated that the petitioner limits his request for deleting Section 67 of the Information Technology Act and does not press for discharge also for offence under Section 507 of Indian Penal Code. I have, therefore, heard learned advocates appearing for the parties only on this limited issue.