MD. WAJID KHAN Vs. MOHD MOHIUDDIN

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C., questioning the order, dated 28.12.2018, passed in Crl.M.P.No.460 of 2018 in C.C.No.133 of 2016 on the file of the VI Additional Chief Metropolitan Magistrate, Hyderabad, wherein and whereunder an application for discharge filed by the revision petitioner/accused was dismissed.

(2.) A charge sheet came to be filed against the petitioner for the offences punishable under Sections 66 read with 43 (a) of the Information Technology Act and Section 471 of I.P.C. The allegations in the charge sheet are that the revision petitioner/accused is the nephew of the 1st respondent/de facto complainant. Some disputes arose in the family and both of them turned as enemies for the last two years. There are cases and counter cases vide F.I.R. Nos.86/2013, 87/2013 and 103/2013 at Tappachaputra Police Station and S.T.C.No.1583 of 2013 at Asifnagar Police Station, Hyderabad city, between the 1st respondent/de facto complainant and the revision petitioner/ accused. In furtherance of the family dispute and due to personal vendetta, the revision petitioner/accused created a fictitious e-mail ID wtsn55@rediffmail.com and by using such e-mail ID and other credentials ie., PAN, first name and last name etc., which he had acquainted, filed a fake IT return with an intention to cause inconvenience and annoyance to the 1st respondent/de facto complainant. The acts committed by the revision petitioner/accused are liable to be punished under Sections 66-A of the information Technology Act, for sending information through computer resource with an intent to cause annoyance and inconvenience, Sections 66 read with 43 (a) of the Information Technology Act, for accessing the computer resources pertaining to the 1st respondent/de facto complainant that maintained in the servers of Income tax Department and 471 of I.P.C. for producing false electronic record i.e., (fake IT return) as genuine to the authorities of Income Tax Department. As the Supreme Court of India has struck down the Section 66-A of the Information Technology Act, the same is not taken on record. Hence, filed charge sheet for the offences under Sections 66 read with 43 (a) of the Information Technology Act and Section 471 of I.P.C.

(3.) Notice sent to the 1st respondent/de facto complainant was returned un-served as he claims to have refused to receive the same. Hence, heard learned counsel for the revision petitioner/ accused and learned Additional Public Prosecutor appearing for the 2nd respondent.