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2013 Supreme(Ker) 435

K.HARILAL
Rajesh – Appellant
Versus
State of Kerala rep. by The Public Prosecutor – Respondent


Advocates appeared:
For the Petitioner:Nireesh Mathew, Advocate, C.C. Thomas, Sr. Advocate.
For the Respondent: Mrs. Seena Ramakrishnan, Public Prosecutor.

Judgment :

1. This Revision Petition is filed challenging the impugned order passed in CMP.No.147/2012 in CC.No.140/2010 on the files of the Judicial First Class Magistrate Court, Muvattupuzha, dismissing the above petition filed by the Revision Petitioner under Section 239 of the Code of Criminal Procedure, seeking discharge from prosecution. The Revision Petitioner is the sole accused in CC.No.140/2010 on the files of the Judicial First Class Magistrate Court, Muvattupuzha as well as Crime No.14/2009 in CCPS/Kerala, Thiruvananthapuram of Cyber Crime Police Station, Kerala, from which the above Calender Case had been arisen.

2. Originally he was the accused in Crime No.1499/2010 of Muvattupuzha Police Station registered for the offence punishable under Section 66 of the Information Technology Act (for short 'IT Act') and the Crime No.399/2009 of the Vanchiyoor Police Station registered for the offence punishable under Section 66 of the IT Act and Section 420, 379 r/w.Section 34 of the Indian Penal Code. These two crimes were registered alleging the same act alleged to have been committed by the accused. But, by the order No.D5/76776/2009 issued by the Director General of Police, t

























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