JAGAT SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the petitioner and Sri O. P. Mishra, learned A.G.A. for the Staterespondent.

(2.) This petition under Article 227 of the Constitution of India has been moved with a prayer to set aside the orders dtd. 13/5/2022 and 12/2/2019 passed by the revisional court and the trial court respectively whereby the application for discharge preferred on behalf of the petitioner was rejected and the order was affirmed by the appellate court in a case arising out of case crime no.209 of 2016, under Sec. 66 A of I.T.Act.

(3.) The facts relevant for the purpose of this petition are as below:- A F.I.R. was lodged against unknown persons with the allegation that some unknown person was transmitting obscene messages from a particular mobile number (as given in the F.I.R.) to the mobile of "would be husband" of the sister of the informant. On the basis of this F.I.R. investigation was conducted and chargesheet under Sec. 66-A of the I.T.Act was submitted against the petitioner and cognizance was taken. An application was moved on behalf of the accused that no case under Sec. 66 A I.T. Act was made out as that Sec. has been held ultra vires in view of the judgment of Hon'ble Apex Court in the case of Shreya Singhal vs. Union of India and others reported in AIR 2015 SC 1523. Therefore, he may be discharged. After hearing both the sides, the trial court came to conclusion that no charge under Sec. 66 A I.T.Act can be framed. However, prima facie offences under Ss. 67, 67 A and 66C of the I.T. Act were still made out. Against the aforesaid order of the trial court, a criminal revision was preferred but the same came to be dismissed by the Additional District & Sessions Judge, POCSO Act-III, Hapur. Now the petitioner is before this Court under Article 227 of the Constitution of India.