VISHAL H. SHAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application the petitioner has prayed for quashing the entire criminal proceedings in connection with Sadar (Mesra) P.S. Case No. 273 of 2012 including the order dated 4.7.2013 whereby and whereunder cognizance has been taken for the offences punishable under Ss. 66 -A, 66 -D and 67 of the Information Technical Act, 2000. The prosecution story in brief is that an e -mail was sent by some unknown person in the name of Dr. Vijay Nath and Dr. R.K. Lal to the Head of Department, ECE, Prof. S.K. Ghorai regarding standards of VLSI workshop offered by the Department and the competence of the teachers associated therein. Allegation has been made that on enquiry it was found that the fake mail came from private IP address 10.63.173.36. The fake e -mail was sent in the name of one Manish Sinha and accordingly the First Information Report was instituted against him.

(2.) The informant Dr. Vijay Nath forwarded the alleged e -mail on 31st August, 2012 to Mr. Anurag Gupta, IG, CID and requested him to enquire as to the genuineness of the person who had sent the e -mail and on enquiry it was found that the e -mail ID was created by using mobile No. 9471503579 which belongs to the petitioner. Upon investigation having found the case to be true against the petitioner charge -sheet was submitted and, thereafter, vide order dated 4.7.2013 learned Judicial Magistrate; Ranchi had been pleased to take cognizance for the offences punishable under Sec. 66 -A, 66 -D and 67 of the Information Technology Act.

(3.) Heard Mr. Praveen Kumar, learned counsel appearing for the petitioner and Mr. Abhinesh Kumar, learned A.P.P. for the State.