BISWAJIT PATTNAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the Petitioner and the State.

(2.) By means of this application, the Petitioner seeks to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking to quash the F.I.R. in connection with Cyber Crime and Economic Offence, Bhubaneswar P.S. Case No.11 of 2022 registered under Sec. 228(A) and 500 of the I.P.C. read with Sec. 67(A) of the I.T. Act corresponding to C.T. Case No.1452 of 2022 pending in the court of the learned S.D.J.M., Bhubaneswar.

(3.) The background facts of the case are that, on 1/2/2022 Opp. Party No.5 namely Bishnu Priya Mohapatra, w/o. Kailash Ch. Mohapatra lodged a complaint before the SP, CID, CB, Buxi Bazar, Cuttack alleging therein that she was victim in Khandagiri P.S. Case No.372 of 2018 for the offences under Ss. 376/384/506, I.P.C. In the said case the present Petitioner is an accused, and after registration of the said F.I.R., the Petitioner was arrested on 22/7/2019. Before his arrest, the Petitioner on 20/6/2019 misusing the social media, in his Facabook account had posted some derogatory, defamatory and misleading information against her (Opp. Party No.5), wherein he too had uploaded the F.I.R. copy of Khandagiri P.S. Case No.372 of 2018. It is further alleged that, 12 persons liked the aforesaid derogatory/ defamatory posting in the Facebook. On the basis of the aforesaid complaint, Bhubaneswar Cyber Crime and Economic Offence No.11 of 2012 registered the complaint under Ss. 228(A) and 500 of the I.P.C. and under Sec. 67(A) of the I.T. Act against the Petitioner.