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2013 Supreme(P&H) 152

SABINA
Amrik Singh Juneja – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. P.S. Ahuluwalia, Advocate.
Mr. J.S. Bhullar, Assistant Advocate General Punjab
For the Respondent No.2: None.

JUDGMENT

Mrs. Sabina, J.: - Petitioner has filed this petition for quashing of FIR No. 130 dated 10.6.2010 (Annexure P1) registered at Police Station Civil Lines, Patiala, District Patiala for offences under Sections 66, 43 of the Information Technology Act, 2000 as well as subsequent proceedings arising therefrom including order dated 10.7.2012 (Annexure P4) passed by the Court of learned Judicial Magistrate Ist class Patiala whereby application for dropping the proceedings filed by the petitioner has been dismissed.

2. Learned counsel for the petitioner has submitted that the letter in dispute had been, allegedly, written by the petitioner on 29.2.2008. The matter was reported to the Police on 14.3.2008, whereas, offence with regard to hacking of a computer was inserted in the Act with effect from 27.10.2009. The act committed under Section 43 of the Act became punishable under Section 66 of the Act with effect from 27.10.2009 by virtue of Act 10 of 2009. Thus, at the time when the petitioner had, allegedly, issued the letter in question, no offence could be said to have been committed by the petitioner under the Act. FIR in question was registered on 10.6.2010. Petitioner is the






































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