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2023 Supreme(Cal) 356

SHAMPA DUTT (PAUL)
Tirthankar Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ujjwal Datta.
For the Respondents: Mr. Madhusudan Sur, Mr. Manoranjan Mahato, Mr. Upendra Roy, Mr. Faiyaz Ahmed Khan, Mr. Sunny Nandy, Mr. Tamal Singha Roy.

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 again

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