SHIVA JATAN THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) With the help of this petition, made under Section 482 of the Code of Criminal Procedure, read with Article 227 of the Constitution of India, the petitioner, who is accused in G.R. Case No. 135/2011, arising out at Dimapur East Police Station Case No. 73/2011, under Section 500/506/507/509 IPC, read with Section 66A/66E/67A of the Information Technology Act, 2000 (hereinafter referred to as 'the I. T. Act'), has sought to get aside and quashed the First Information Report, which has given rise to the case aforementioned, and the Charge-Sheet, which has been submitted on completion of investigation into the case.

(2.) I have heard Mr. H. R. A. Choudhury, learned senior counsel, appearing on behalf of the petitioner, and Ms. T. Khro, learned Government Advocate, Nagaland, appearing for the respondent No.2. Heard also Mr. H. Buragohain, learned Central Government Advocate, appearing on behalf of respondent No. 1, and Mr. Z. Kamar, learned counsel, appearing as amicus curiae.

(3.) Making this Court traverse through various provisions of the I.T. Act, Mr. Choudhury, learned Senior counsel, contends that Section 81 of the Act makes it clear that the I.T. Act has been given overriding effect over other penal enactments including the Code of Criminal Procedure. Taking a queue from Section 81, that the I. T. Act has an overriding effect, as indicated hereinbefore, Mr. Choudhury refers to Section 46 of the I. T. Act to show that the power to try an offence, under the I. T. Act, rests with the adjudicatory authorities mentioned in Chapter IX of the I.T. Act.