A SHANKAR Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This criminal revision is filed against the order made in Crl.MP.157/2012 in SC.No.192/2009, in and under which, the petition filed by the petitioner/accused for altering the charges framed by the respondent in accordance with the provisions of the Information Technology Act, 2008 was dismissed.

(2.) Few facts, which are relevant for consideration herein are as follows:

(3.) The complaint was investigated into and CBCID personnel, after completion of investigation, filed charge sheet against the accused for the offences under sections 66, 70 and 72 of the Information Technology Act, 2000 (hereinafter shortly referred to as old Act) on 12.11.2008. Simultaneously, departmental disciplinary proceedings was initiated and the same was subsequently stayed on the writ jurisdiction at the instance of the petitioner herein. The petitioner was, in the mean while dismissed from service contrary to the order of the High court in W.A.No.32 of 2010 dated 8.11.2010 and the dismissal order was subsequently withdrawn, due to filing of Contempt Petition No.326 of 2011 by the petitioner. The Division Bench of this court held that the dismissal of the petitioner from service was wholly illegal and without jurisdiction. The department also preferred review against the said order and the review was dismissed. While doing so, our High court ordered conduct of trial in the criminal case at the earliest possible time preferably on day today basis. In pursuance of the same, the trial is conducted. In the midst of trial, the petitioner preferred the petition under section 216 Cr.P.C to amend the charges, which was by the impugned order, dismissed by the trial court. Hence, this criminal revision came to be filed by the petitioner before this court.