STATE OF MIZORAM Vs. SH. K. CHHAWNTHUAMA

JUDGEMENT

(1.) Heard Mr. A. K. Rokhum, learned Public Prosecutor, Mizoram appearing for the petitioner and Mr. L. H. Lianhrima, learned senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel appearing for the accused respondent.

(2.) Brief fact of the case is that on 13.12.2013 the informant (present Chief Minister of the State) lodged a written FIR before the Officer-in-Charge of Aizawl Police Station stating that around 07:00 pm on 11.12.2013, he received a malicious SMS from a Mobile Phone No. '8575891878' alleging that he indulged in certain malpractices during the last concluded Mizoram Assembly Election and by the said FIR the informant requested the O.C. concerned to take appropriate legal action against the perpetrator of the said serious crime. Accordingly, the said FIR was registered on 14.12.2013 and was numbered as Aizawl PS Case No. 373/2013 under Sections 171G IPC read with Sections 66A (a) & (b) of the Information Technology Act. During investigation, a mobile handset of NOKIA E72 bearing IMEI No. 353784040626139 from which said malicious SMS was presumed to be sent as per the investigating authority was seized from the house of the accused respondent on 13.12.2013 and later, on 17.12.2013 the said accused was arrested in connection with the said case. On completion of the investigation, police vide number 64/2014 dated 06.03.2014 filed the Chargesheet in the said Aizawl PS Case No. 373/2013 under Sections 201/204/506/507 IPC read with Sections 66A (a) & (b) of the IT Act against the accused/appellant.

(3.) After hearing the Public Prosecutor for the prosecution and the counsel for the defence and after consideration of the matter, finding prima facie materials in the said Chargesheet, learned Judicial Magistrate, 1st Class, Aizawl, the Trial Magistrate by its order dated 26.05.2014 passed in Criminal Trial No. 2195/2013 arising out of said Aizawl PS Case No. 373/2013, framed charges under Section 201 IPC read with Sections 66A (a) & (b) of the I.T. Act against the accused respondent, but at the same time the Trial Magistrate came to an opinion that the Chargesheet does not disclose any prima facie materials to frame the alleged charges of guilty of offences under Sections 201/506/507 of the IPC and accordingly dropped those charges against the accused respondent.