ORDER :

The accused has assailed the order dated 21.03.2016 by which his application under section 239 of the Code of Criminal Procedure seeking discharge in G.R Case No.5492 of 2012 has been dismissed, in part - the learned Magistrate has found that there is no material to frame charge against the accused under section 67 of Information Technology Act, 2000.

2. In the order dated 21.03.2016, the learned Judicial Magistrate, Ranchi has observed as under:

"In the present case cognizance of the offence has been taken u/s 66(A), 66(D) & 67 of Information Technology Act, 2000. So far as section 66(A) of the Act is concerned, in the case of "Shreya Singhal vs. Union of India" (2015) 5 SCC 1, the same has been declared ultra-vires. As such the accused can't be charged for the said offence.

Sec. 67 of the Act prescribes punishment for publishing or transmitting obscene material in electronic form. This is not the case of the prosecution that the accused had sent any obscene material in electronic form. As such the accused also can't be charged for offence u/s 67 of the Act.

Section 66(D) of the Act prescribes punishment for cheating by personation by using computer resource. From the judicial