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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
RAJESH RAI K.
Abdul Khavee – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. complaint basis and allegations presented. (Para 1 , 2 , 3) |
| 2. court's assessment of the allegations and evidence. (Para 4 , 7 , 9 , 11 , 12) |
| 3. arguments of both parties regarding the allegations. (Para 5 , 6) |
| 4. definition and interpretation of section 67 of the i.t. act. (Para 10) |
| 5. final decision and quashing of proceedings. (Para 13 , 14 , 15) |
ORAL ORDER
This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to set aside the order of cognizance dated 13.06.2022 and to quash the charge-sheet in C.C.No.12380/2022, arising out of Crime No.139/2021 of Chowk Police Station, Kalaburagi, for the offence punishable under Section 67 of the Information Technology Act, 2008 (for short, ‘the I.T.Act’), pending on the file of III-Addl. Civil Judge and JMFC, Kalaburagi.
2. The abridged facts of the case are that, respondent No.2, lodged a complaint before the 1st respondent-Police on 13.11.2021 alleging that, the he is resident of Shaikh Roza Dargah, Kalaburagi and his brother-Mohd.Allauddin Junaidi @ Gouse Baba has constructed a N.J.Kalaburagi Kalyana Mantapa near Aland Check Post road, Kalaburagi. For inaugural ceremony of said Kalyana M
The court ruled that the accused's message did not constitute obscenity under the I.T. Act, thus quashing the charge-sheet and dismissing the case as an abuse of process.
Merely liking a post on social media does not amount to an offence under Section 67 of the I.T. Act, and the right to freedom of speech and expression must be exercised consciously and in line with t....
investigation of a non-cognizable offence by the police without the permission of the competent Magistrate is illegal, subsequent permission granted cannot cure the illegality as police officer has n....
Important points:The alleged publication of the photograph of the 2nd respondent during the time of the inaugural function of the Jewellery is admittedly, by itself cannot be said to be in any manner....
Point of Law – Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court....
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