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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Madhusudhan K. Nagara S/o Krishna A. Nagara – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. details of the complaint regarding hacking. (Para 1 , 2 , 3) |
| 2. analysis of allegations against the petitioner. (Para 4) |
| 3. court's view on lack of evidence and abuse of process. (Para 5) |
ORDER :
1. In this writ petition, the petitioner seeks the following reliefs:
"WHEREFORE it is most respectfully prayed this Hon'ble Court be pleased to quash the Order dated 4/1/2025 passed by the LXIII Addl. City Civil and Sessions Judge (CCH-64) at Bengaluru in Criminal Revision Petition No.555/2022 and Consequently quash the entire proceedings in C.C.No.3171/2018 which is now pending on the file of the I Addl. Chief Metropolitan Magistrate, Bengaluru for offences p/u/s 66(B), 66(C) of Information technology act-2000 in so far as the Petitioner is concern in the ends of justice."
2. Heard the learned counsel for the petitioner, learned HCGP for respondent no.1 and perused the material on record. Respondent no.2 has remained absent and has been served with notice of this petition and he has chosen to be unrepresented.
3. Perusal of the material on record would indicate that on 13.07.2017, respondent no.2-complaiant has filed the instant complaint, registered as and FIR in Cr.No.252/2
Criminal proceedings cannot continue against an accused without substantiated allegations, as it constitutes an abuse of process.
The main legal point established in the judgment is that the revisional jurisdiction should normally be exercised only on a question of law.
The central legal point established in the judgment is the court's authority to quash criminal proceedings under Section 482 of the Criminal Procedure Code and the unconstitutionality of Section 66A ....
Point of law : Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2). Section 69A and the Informatio....
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