JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred praying for quashing the proceeding being G.R. Case No. 1306 of 2017 arising out of Cyber Police Station, Kolkata Case no. 93 of 2017, dated 20.07.2017, under Section 67 of The Information Technology Act, 2000 read with Sections 354A(1)(iv)/354D(1)/506/509 of the Indian Penal Code, 1860 pending before the Court of Learned Chief Metropolitan Magistrate at Kolkata.

2. The petitioner’s case is that the petitioner presently serves at the West Bengal State Electricity Board under the Government of West Bengal as Superintendent Engineer, West Bengal State Electricity Distribution Company Ltd. and is a public servant.

3. The de-facto complaint is the president of the West Bengal State Committee of leftist political students’ wing namely the students’ Federation of India which is affiliated to the erstwhile ruling party of the State of West Bengal namely the Communist Party of India (Marxist). The complainant has alleged that the petitioner has abused her by attacking her integrity and political ideology vide face book messenger.

4. It is the case of the petitioner that the offences that has been alleged against the petitioner suffers from lack of ingredients and does not come within the purview and ambit of the said Penal Sections and as such the instant proceeding grounded upon vague, preposterous and concocted complaint is liable to be quashed.

5. It is further submitted that the instant proceeding is liable to be quashed as it suffers from distorted, concocted facts which are possible outcome of political vendetta and politically and/or personally motivated vengeance and as the basic ingredient of Sec. 67 of Information Technology Act, 2000 is missing.

6. Mr. Ujjwal Datta, Learned counsel for the petitioner has submitted that the certificate issued under Sec. 65B of the Indian Evidence Act, 1872 suffers from irregularities as it only certifies the KYC details of the petitioner as disclosed by the BSNL and the number was forcefully and/or wrongfully obtained even though such showing of KYC does not ever conclude that the alleged offences were committed by the petitioner and no report regarding the veracity of conversations has been attached in the Charge Sheet which should have been obtained from facebook.inc by the police authorities and the said certificates also fails to comply with the other conditions as mentioned in section itself. Hence the proceeding is liable to be quashed in limine.

7. It is further submitted that only the certificate under Section 65B is not sufficient as it merely deals with admissibility and does not guarantee the truthfulness and/or genuineness of the content of the document.

8. Hence it is prayed that the instant proceeding should be quashed.

9. The following judgments have been relied upon by the petitioners:-

A. Arnesh Kumar vs State of Bihar and Anr., (2014) 8 SCC 273, relying upon which it is submitted:-

“That the instant impugned proceeding is liable to be quashed as it suffers from a grave irregularity because the police authorities have registered the F.I.R. being Cyber Police Station, Kolkata Case No. 93 of 2017 on 20.07.2017 and on the basis of that issued the Sec. 41A Cr.P.C. notice on 07.01.2019 after an inexplicable an inordinate delay of almost one and half years which itself shakes the credibility and authenticity of the investigation conducted by the Police Authorities on the pretext of a fictitious written complaint having a huge lacuna which is itself a flagrant violation of the directions of the Hon’ble Apex Court as laid down in the landmark case of Arnesh Kumar vs. State of Bihar reported in (2014) 8/SCC 273 wherein it was directed that the notice under Section 41A Cr.P.C. shall be required to be served upon the accused person with 14 days from the institution of the case.”

B. Lalita Kumari vs Government of Uttar Pradesh, (2014) 2 SCC 1, relying upon which it is submitted:-

“That the instant impugned pro