MAFATBHAI DEVRAJBHAI SIROYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been filed by the Applicant under the provisions of Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to quash and set aside the FIR being I-CR No. 3051 of 2014 registered with DCB Police Station, District Surat for the offences punishable under Ss. 500 of the Indian Penal Code and Sec. 66(A) of the Information Technology Act.

(2.) Heard learned Advocate Mr. Yash N. Nanavaty for the Applicant, learned Advocate Mr. C.G.Sharma appearing for Respondent No.3 and learned APP Ms. Vrunda Shah appearing for the Respondent - State.

(3.) Learned Advocate for the Applicant has submitted that the Applicant has not been named in the FIR. He submitted that the Hon'ble Apex Court vide its judgment in case of Shreya Singhal v. Union of India reported in 2015 (5) SCC 1 has held the provisions of Sec. 66A of the Information Technology Act to be unconstitutional and hence the same has been removed from the statute book. Therefore, the present Applicant cannot be tried for the offence punishable under Sec. 66A of the Information Technology Act. He further submitted that another offence which is sought to be invoked in the FIR is punishable with Sec. 500 of the Indian Penal Code. The offence punishable under Sec. 500 IPC is a non-cognizable offence and in view of the provision of Sec. 199 of Cr.P.C. the cognizance of the said offence can only be taken upon a complaint filed by an aggrieved person. Therefore, the present FIR is not maintainable. In this regard, learned Advocate places reliance upon the judgment of the Hon'ble Apex Court in case of Subramanian Swamy v. Union of India reported in AIR 2016 SC 2728. He therefore submitted to allow the present Application and quash the impugned FIR.