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V. SRISHANANDA
Neha Rafiq Chachadi – Appellant
Versus
State Of Karnataka, rep. by Addl. State Public Prosecutor – Respondent
ORDER :
Heard Sri Harshawardhan M.Patil, learned counsel for the petitioner, Smt.Girija S.Hiremath, learned High Court Government Pleader for respondent No.1-State and Sri Santosh B.Rawoot, learned counsel for respondent No.2. Perused the records.
2. The present petition is filed under Section 482 of Cr.P.C. with the following prayer :-
3. The brief facts of the case are as under :
A complaint came to be lodged by Shayeesta Aga w/o Yusuf Aga with Belagavi CEN Police which was registered in Crime No.21/2019 on 02.10.2019 for the offence punishable U/sec.66E of the Information Technology Act, 2000.
3.1 Gist of the complaint averments reveal that the petitioner herein has opened a fake instagram account in the name of the complainant and posted obscene and obnoxious posts in the said instagram account. On noticing the same, she has lodged a complaint with the police to take action against the petitioner.
3.2 Police after registering the case are investigating the m
The power of quashing should be exercised sparingly, and the courts have a limited jurisdiction to consider whether there is sufficient material to proceed further against the accused.
The Inspector of Police has jurisdiction to file a report under the Information Technology Act, and the determination of obscenity is reserved for the Trial Court.
The bar prescribed by section 198 Criminal Procedure Code comes into play at the time of taking cognizance of the offence and not before that.
The power to quash criminal proceedings under Section 482 of the Code of Criminal Procedure may be invoked when the offender and victim have settled their dispute, based on the facts and circumstance....
A Magistrate under Section 156(3) Cr.P.C. must direct the registration of an FIR when the complaint discloses a cognizable offence involving complex technical evidence that requires specialized polic....
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