KAVITA C. DAS Vs. ARVIND THAKUR

JUDGEMENT

(1.) Kavita C. Dass-petitioner has filed this petition under Section 482 Cr.P.C. against Arvind Thakur and Union Territory, Chandigarh respondents for quashing of criminal complaint No.584/10 dated 11.1.2010 titled as Arvind Thakur versus S.S.P., UT, Chandigarh filed under Section 156(3) Cr.P.C. (Annexure-P.1) pending in the Court of learned Additional Chief Judicial Magistrate, Chandigarh as well as summoning order dated 15.7.2010 (Annexure-P.6) passed by the learned Additional Chief Judicial Magistrate, Chandigarh vide which the petitioner has been summoned to face trial under Sections 65 and 66 of the Information and Technology Act, 2000 (hereinafter referred to as 'the IT Act') along with all subsequent proceedings arising therefrom.

(2.) The brief facts as stated in the petition are that the filing of complaint by respondent No.1 is per se illegal as the same is not maintainable under the provisions of IT Act. Respondent No.1 has got the process issued against the petitioner by abusing the process of law. In order to prove the allegations made in the complaint, the complainant appeared in the witness box as CW-1. The complainant also produced R.S. Sangwan as CW-2, Tej Kumar Goel as CW-3 and Chanchal Singh, District Education Officer, U.T., Chandigarh as CW-4. On the strength of the same, the learned trial Court, prima facie, found that an offence punishable under Sections 65 and 66 of the IT Act is made out against the petitioner and summoned her to face trial. It is stated that the averments made in the complaint do not constitute any offence. The complainant has no connection whatsoever with the school of the petitioner. He is neither a parent nor a teacher or employee of the school. All the allegations levelled by him in the complaint are based upon the version given to him by two persons, namely, R.S. Sangwan and T.K. Goel, who themselves did not prefer to file complaint on their own behalf.

(3.) In the reply, the averments of the petitioner are mainly denied by the respondents.